R v DX (No 3) [2011] NSWDC 186

R v DX (No 3) [2011] NSWDC 186

The primary sentencing considerations were the seriousness of the offending (historic sexual offences committed by an uncle against young nieces, breach of trust, mid to high range of seriousness), the defendant's age and poor health, confession, guilty plea, and demonstrated rehabilitation. Sentences were fixed by reference to the law and practice at the time of offending, including statutory maximums. The overall term of imprisonment was set at two years and eleven months, with a non-parole period of one year and two months, and the court ordered release on parole, taking account of special circumstances (age, health, historic nature, and rehabilitation).

Parties
Prosecutor: Regina; Defendant: DX
Jurisdiction
Australia
Judgment Date
11 October 2011
Procedural Posture
Criminal / Sentence
Outcome
DX formally convicted and sentenced to overall term of imprisonment of 2 years 11 months, non-parole period of 1 year 2 months, parole order with no specific conditions imposed.
Legal Topics
Historic Sexual Offences, Sentencing Practice, Acts of Indecency, Child Sexual Assault, Breach of Trust, Plea of Guilty, Non Parole Period, Parole Conditions
Criminal Law Historic Sexual Offences Sentencing Practice Acts of Indecency Child Sexual Assault Breach of Trust Plea of Guilty Non Parole Period +1 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 5 Party arguments 2 Amounts and remedies 4
Sign in to unlock

Parties

Regina

Prosecutor

DX

Defendant

Procedural Posture

Criminal / Sentence

Legal Issues

  1. 1 Determination of appropriate sentence for historic sexual offences against children
  2. 2 Consideration of sentencing practice at the date of commission
  3. 3 Assessment of seriousness of the offences

Ratio Decidendi

The primary sentencing considerations were the seriousness of the offending (historic sexual offences committed by an uncle against young nieces, breach of trust, mid to high range of seriousness), the defendant's age and poor health, confession, guilty plea, and demonstrated rehabilitation. Sentences were fixed by reference to the law and practice at the time of offending, including statutory maximums. The overall term of imprisonment was set at two years and eleven months, with a non-parole period of one year and two months, and the court ordered release on parole, taking account of special circumstances (age, health, historic nature, and rehabilitation).

Court Disposition

DX formally convicted and sentenced to overall term of imprisonment of 2 years 11 months, non-parole period of 1 year 2 months, parole order with no specific conditions imposed.

Orders

  • Fixed terms of imprisonment as specified in [64-78] for each count
  • Non-parole period of 14 months commencing 11 October 2011 and expiring 10 December 2012