R v Duong (No. 2) [2024] NSWDC 472

R v Duong (No. 2) [2024] NSWDC 472

Given the gravity, frequency, breach of trust, and impact of persistent child sexual offending, with aggravating factors under s21A(2), and the application of the totality principle to multiple offences, a lengthy term of full-time imprisonment is appropriate, with special circumstances warranting variation of the statutory ratio between head sentence and non-parole period.

Parties
Offender: Tri Duong; The Crown: Director of Public Prosecutions
Jurisdiction
Australia
Judgment Date
11 October 2024
Procedural Posture
Criminal / Sentence
Outcome
conviction and sentence to full-time imprisonment
Legal Topics
Child Sexual Offences, Sentencing, Abuse of Trust, Objective Seriousness, Totality Principle
Criminal Law Child Sexual Offences Sentencing Abuse of Trust Objective Seriousness Totality Principle

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Parties

Tri Duong

Offender

Director of Public Prosecutions

The Crown

Procedural Posture

Criminal / Sentence

Legal Issues

  1. 1 Assessment of the objective seriousness of child sexual offences
  2. 2 Application of aggravating and mitigating factors
  3. 3 Calculation of aggregate sentence for multiple offences

Ratio Decidendi

Given the gravity, frequency, breach of trust, and impact of persistent child sexual offending, with aggravating factors under s21A(2), and the application of the totality principle to multiple offences, a lengthy term of full-time imprisonment is appropriate, with special circumstances warranting variation of the statutory ratio between head sentence and non-parole period.

Court Disposition

conviction and sentence to full-time imprisonment

Orders

  • Convicted of Counts 1 to 12 on the Indictment.
  • Aggregate sentence of 20 years imprisonment pursuant to s53A Crimes (Sentencing Procedure) Act 1999 (NSW).