R v RM [2020] NSWDC 52

R v RM [2020] NSWDC 52

Given the seriousness of the offence, the extended period and frequency of offending, breach of trust, plea of guilty, and substantial assistance to law enforcement, the appropriate sentence is 16 years and 3 months imprisonment with a non-parole period of 12 years and 2 months. A combined discount of 35% was applied for plea and assistance.

Jurisdiction
Australia
Judgment Date
18 March 2020
Procedural Posture
Criminal / Sentencing
Outcome
accused convicted and sentenced
Legal Topics
['child Sexual Offences' 'sentencing' 'mitigating Factors' 'assistance to Law Enforcement' 'plea of Guilty' 'general Deterrence']
['criminal Law'] ['child Sexual Offences' 'sentencing' 'mitigating Factors' 'assistance to Law Enforcement' 'plea of Guilty' 'general Deterrence']

Case Brief

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Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 ['Assessment of seriousness for adult maintain unlawful relationship with a child' 'Appropriate sentencing discount for plea and assistance' 'Leniency for lack of prior convictions' 'General deterrence in child sexual offences' 'Application of sentencing principles to facts']

Ratio Decidendi

Given the seriousness of the offence, the extended period and frequency of offending, breach of trust, plea of guilty, and substantial assistance to law enforcement, the appropriate sentence is 16 years and 3 months imprisonment with a non-parole period of 12 years and 2 months. A combined discount of 35% was applied for plea and assistance.

Court Disposition

accused convicted and sentenced

Orders

  • ['RM is sentenced to a total of 16 years and 3 months imprisonment commencing from 11 April 2019' 'Non parole period is 12 years and 2 months, expiring 10 June 2031' 'Balance of term is 4 years and 1 month, expiring 10 July 2035' 'Release conditionally recommended at expiration of non parole period']