R v DAJ [2012] NSWCCA 143

R v DAJ [2012] NSWCCA 143

The sentences imposed by the District Court were manifestly inadequate due to an underestimation of the gravity of the offences against a very young child over a protracted period by a step-parent. Re-sentencing was warranted to reflect the objective seriousness, increase accumulation, and take into account all circumstances in accordance with relevant sentencing principles.

Parties
Crown: Regina; Respondent: DAJ
Jurisdiction
Australia
Judgment Date
04 July 2012
Procedural Posture
Crown Appeal Against Sentence / Appeal
Outcome
Appeal allowed
Legal Topics
Sentencing, Objective Gravity of Offence, Manifest Inadequacy, Child Sexual Offence, Crown Appeal
Criminal Law Sentencing Objective Gravity of Offence Manifest Inadequacy Child Sexual Offence Crown Appeal

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Parties

Regina

Crown

DAJ

Respondent

Procedural Posture

Crown Appeal Against Sentence / Appeal

Legal Issues

  1. 1 Whether the sentencing judge's assessment of the objective gravity of the offences was appropriate
  2. 2 Whether sentences imposed were manifestly inadequate
  3. 3 Whether hardship in custody and prison assault properly considered as mitigating factors

Ratio Decidendi

The sentences imposed by the District Court were manifestly inadequate due to an underestimation of the gravity of the offences against a very young child over a protracted period by a step-parent. Re-sentencing was warranted to reflect the objective seriousness, increase accumulation, and take into account all circumstances in accordance with relevant sentencing principles.

Court Disposition

Appeal allowed

Orders

  • Sentences of non-parole period of 18 months with a balance of term of 6 months on counts 1, 2, 5 and 6 confirmed.
  • Sentences on counts 1 and 2 to date from 14 April 2010.