R v Scavera [2016] NSWCCA 145

R v Scavera [2016] NSWCCA 145

The sentences imposed did not adequately reflect the objective seriousness of the offences, general and specific deterrence, and legislative guideposts; the respondent's high risk of re-offending also pointed to the need for specific deterrence; therefore, the sentences for aggravated indecent assault and aggravated sexual intercourse with a child under 10 were manifestly inadequate and required adjustment on appeal.

Parties
Appellant: Crown; Respondent: Antonio Scavera
Jurisdiction
Australia
Judgment Date
28 July 2016
Procedural Posture
Criminal Appeal / Post Sentence (crown Appeal Against Sentence in District Court)
Outcome
appeal upheld
Legal Topics
Aggravated Indecent Assault, Aggravated Sexual Intercourse With Child Under 10, Manifest Inadequacy of Sentence, General and Specific Deterrence, Sentencing Principles, Accumulation of Sentences, Rehabilitation Prospects
Criminal Law Aggravated Indecent Assault Aggravated Sexual Intercourse With Child Under 10 Manifest Inadequacy of Sentence General and Specific Deterrence Sentencing Principles Accumulation of Sentences Rehabilitation Prospects

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Parties

Crown

Appellant

Antonio Scavera

Respondent

Procedural Posture

Criminal Appeal / Post Sentence (crown Appeal Against Sentence in District Court)

Legal Issues

  1. 1 Whether the District Court sentences imposed for aggravated indecent assault and aggravated sexual intercourse with a child under 10 were manifestly inadequate
  2. 2 Whether the sentencing Judge correctly assessed the objective seriousness of offences
  3. 3 Whether prospects of rehabilitation and risk of re-offending were properly considered

Ratio Decidendi

The sentences imposed did not adequately reflect the objective seriousness of the offences, general and specific deterrence, and legislative guideposts; the respondent's high risk of re-offending also pointed to the need for specific deterrence; therefore, the sentences for aggravated indecent assault and aggravated sexual intercourse with a child under 10 were manifestly inadequate and required adjustment on appeal.

Court Disposition

appeal upheld

Orders

  • Quash sentences imposed in District Court of NSW on 26 November 2015, except for sentence of offence against s 91H(2) of the Crimes Act 1900.
  • Impose upon Antonio Scavera: for aggravated indecent assault (s 61M(2) Crimes Act 1900), non-parole period of 2 years and 9 months imprisonment to commence on 18 June 2015 with balance of term of 1 year; for digital penetration (s 66A(2) Crimes Act 1900), non-parole period of 4 years imprisonment to commence on 18...