R v Iloski [2023] NSWDC 596

R v Iloski [2023] NSWDC 596

The appropriate sentence for Mr Iloski, convicted of nine counts of sexual and indecent assault against children, requires an aggregate sentence reflecting the objective seriousness, breach of trust, vulnerability of the victims, the need for deterrence, and special circumstances for parole due to age and first time in custody. Special circumstances were found justifying a longer parole period for rehabilitation and community reintegration. An aggregate sentence of 11 years imprisonment, with a non-parole period of 7 years and 2 months, was imposed.

Parties
Prosecution: Rex; Defendant: Dragan Iloski
Jurisdiction
Australia
Judgment Date
16 November 2023
Procedural Posture
Criminal / Sentencing After Jury Conviction
Outcome
Convicted and sentenced to aggregate term of imprisonment.
Legal Topics
Sexual Offences Against Children, Sentencing, Aggravating and Mitigating Circumstances, Breach of Trust, Objective Seriousness, Aggregate Sentencing
Criminal Law Sexual Offences Against Children Sentencing Aggravating and Mitigating Circumstances Breach of Trust Objective Seriousness Aggregate Sentencing

Case Brief

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Parties

Rex

Prosecution

Dragan Iloski

Defendant

Procedural Posture

Criminal / Sentencing After Jury Conviction

Legal Issues

  1. 1 What is the appropriate sentence for nine counts of indecent and sexual assault against children committed by the offender between 2003 and 2009?
  2. 2 How should the objective seriousness, special circumstances, and subjective factors of the offender affect the sentence?
  3. 3 Does the breach of trust and significant age gap aggravate the offending?

Ratio Decidendi

The appropriate sentence for Mr Iloski, convicted of nine counts of sexual and indecent assault against children, requires an aggregate sentence reflecting the objective seriousness, breach of trust, vulnerability of the victims, the need for deterrence, and special circumstances for parole due to age and first time in custody. Special circumstances were found justifying a longer parole period for rehabilitation and community reintegration. An aggregate sentence of 11 years imprisonment, with a non-parole period of 7 years and 2 months, was imposed.

Court Disposition

Convicted and sentenced to aggregate term of imprisonment.

Orders

  • Dragan Iloski is sentenced to an aggregate term of imprisonment of 11 years, commencing 30 August 2023 and expiring 29 August 2034.
  • Non-parole period is 7 years and 2 months, expiring 29 October 2030.