R v H [2021] NSWDC 107

R v H [2021] NSWDC 107

Given the brief and impulsive nature of the digital penetration, the young age and deprived background of the offender, lack of prior convictions, and objective and subjective factors including special circumstances and principles in Bugmy v The Queen, the court departs from the standard non-parole period and...

Source-derived case information.

Parties
Prosecution: Regina (the Crown); Defendant: H (the Offender)
Jurisdiction
Australia
Judgment Date
19 March 2021
Procedural Posture
Criminal / Sentencing
Outcome
The offender is convicted and sentenced to a non-parole period of 2 years, with an additional period of 1 year and 9 months, departing from the standard non-parole period due to special circumstances.
Legal Topics
Child Sex Offence, Aggravated Sexual Assault, Sentencing, Mitigating Factors, Aggravating Factors, Standard Non Parole Period
Criminal Law Child Sex Offence Aggravated Sexual Assault Sentencing Mitigating Factors Aggravating Factors Standard Non Parole Period

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Parties

Regina (the Crown)

Prosecution

H (the Offender)

Defendant

Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 Determination of sentence for aggravated sexual assault on child under s 61J(2)(d) of the Crimes Act 1900 (NSW)
  2. 2 Assessment of objective seriousness and subjective factors affecting sentencing outcome
  3. 3 Departure from standard non-parole period

Ratio Decidendi

Given the brief and impulsive nature of the digital penetration, the young age and deprived background of the offender, lack of prior convictions, and objective and subjective factors including special circumstances and principles in Bugmy v The Queen, the court departs from the standard non-parole period and imposes a sentence falling towards the lower range of seriousness for aggravated sexual assault under s 61J(2)(d) of the Crimes Act 1900 (NSW).

Court Disposition

The offender is convicted and sentenced to a non-parole period of 2 years, with an additional period of 1 year and 9 months, departing from the standard non-parole period due to special circumstances.

Orders

  • The offender is convicted.
  • Sentenced to a non-parole period of two years commencing 29 April 2019 to 28 April 2021.