R v Mabbott, Glenn [2009] NSWDC 133

R v Mabbott, Glenn [2009] NSWDC 133

The sentence was determined by the objective gravity of multiple sexual offences against a very young child by an adult in a position of trust, the aggravating features of repeated conduct over time and abuse of a familial relationship, counterbalanced by guilty pleas, limited voluntary disclosure, significant efforts at rehabilitation through CUBIT, and the necessity for community protection and general deterrence. A 25% discount was applied for the plea, and sentences were made concurrent in accordance with the totality principle.

Parties
Prosecutor: Regina; Defendant: Glenn Raymond Mabbott
Jurisdiction
Australia
Judgment Date
17 April 2009
Procedural Posture
Criminal / Sentencing
Outcome
Multiple convictions—sentenced to imprisonment, with non-parole periods and terms specified. Sentences to be served concurrently. Sentence commencement backdated to 23 July 2007.
Legal Topics
Sentencing, Sexual Offences Against Children, Historic Sexual Assault, Form 1 Matters, Concurrent Sentencing, Victim Impact, Rehabilitation, Psychosexual Assessment
Criminal Law Sentencing Sexual Offences Against Children Historic Sexual Assault Form 1 Matters Concurrent Sentencing Victim Impact Rehabilitation +1 more

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Parties

Regina

Prosecutor

Glenn Raymond Mabbott

Defendant

Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 What is the appropriate sentence for historic sexual assault offences against a child under ten?
  2. 2 How should Form 1 matters be taken into account in sentencing?
  3. 3 To what extent does delay and rehabilitation affect the sentencing outcome?

Ratio Decidendi

The sentence was determined by the objective gravity of multiple sexual offences against a very young child by an adult in a position of trust, the aggravating features of repeated conduct over time and abuse of a familial relationship, counterbalanced by guilty pleas, limited voluntary disclosure, significant efforts at rehabilitation through CUBIT, and the necessity for community protection and general deterrence. A 25% discount was applied for the plea, and sentences were made concurrent in accordance with the totality principle.

Court Disposition

Multiple convictions—sentenced to imprisonment, with non-parole periods and terms specified. Sentences to be served concurrently. Sentence commencement backdated to 23 July 2007.

Orders

  • Convicted of four counts of sexual intercourse with a child under 10: sentenced to 7 years 6 months with non-parole of 3 years (penile/vaginal intercourse); 3 years 9 months with non-parole of 2 years (digital penetration/hand under doona); 4 years 6 months with non-parole of 2 years 6 months (cunnilingus); 3 years...