R v Malloy [2018] NSWDC 477

R v Malloy [2018] NSWDC 477

The offences, involving sexual intercourse and indecency with a child under authority and three additional indecent assaults taken into account, warranted a significant term of imprisonment, falling within the midrange of objective seriousness due to breach of trust, planning, and harm to the victim. Offender's age and lack of previous criminal history were considered, but the seriousness of the conduct required a custodial sentence with special circumstances found for sentencing structure.

Parties
Prosecutor: Regina; Defendant: Donald James Malloy
Jurisdiction
Australia
Judgment Date
06 December 2018
Procedural Posture
Criminal / Sentencing
Outcome
convicted and sentenced to imprisonment
Legal Topics
Aggravated Indecency, Sexual Intercourse With Child Under Authority, Indecent Assault, Sentencing, Victim Impact, Form 1 Offences
Criminal Law Aggravated Indecency Sexual Intercourse With Child Under Authority Indecent Assault Sentencing Victim Impact Form 1 Offences

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Parties

Regina

Prosecutor

Donald James Malloy

Defendant

Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 What is the objective seriousness of the offending?
  2. 2 What discount, if any, should be applied for the utility of the plea?
  3. 3 What is the appropriate sentence for the offences, including Form 1 matters?

Ratio Decidendi

The offences, involving sexual intercourse and indecency with a child under authority and three additional indecent assaults taken into account, warranted a significant term of imprisonment, falling within the midrange of objective seriousness due to breach of trust, planning, and harm to the victim. Offender's age and lack of previous criminal history were considered, but the seriousness of the conduct required a custodial sentence with special circumstances found for sentencing structure.

Court Disposition

convicted and sentenced to imprisonment

Orders

  • Aggregate sentence of 5 years and 6 months' imprisonment comprising a non-parole period of 3 years (30/01/2018 to 29/01/2021) and a balance of 2 years and 6 months (29/01/2021 to 29/07/2023)
  • Eligible for parole on 29/01/2021