DPP v Gumbleton [2009] NSWLC 8

DPP v Gumbleton [2009] NSWLC 8

The objective seriousness and breach of trust in the two offences warranted custodial sentences, but these were wholly suspended due to truly exceptional hardship that full-time custody would cause the offender's seriously ill wife. Good character was not a mitigating factor, since it was of assistance in the commission of the offences. Final apprehended personal violence orders were necessary and mandated only to the extent required to protect the complainant.

Jurisdiction
Australia
Judgment Date
23 April 2009
Procedural Posture
Criminal / Sentence
Outcome
Convicted; sentenced to wholly suspended custodial sentences; Apprehended Personal Violence Order made.
Legal Topics
['aggravated Indecent Assault' 'breach of Trust' 'sentencing' 'position of Authority' 'good Character in Sentencing' 'hardship to Third Party' 'apprehended Violence Order']
['criminal Law'] ['aggravated Indecent Assault' 'breach of Trust' 'sentencing' 'position of Authority' 'good Character in Sentencing' 'hardship to Third Party' 'apprehended Violence Order']

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Procedural Posture

Criminal / Sentence

Legal Issues

  1. 1 ['Whether custodial sentence is warranted for aggravated indecent assault by a sports coach in breach of trust' 'Whether sentence should be full-time imprisonment or suspended due to hardship to a third party' 'Whether prior good character can be considered a mitigating factor under s 21A(5A) of the Crimes (Sentencing Procedure) Act 1999 in a child sexual offence' 'Appropriate scope of Apprehended Personal Violence Order']

Ratio Decidendi

The objective seriousness and breach of trust in the two offences warranted custodial sentences, but these were wholly suspended due to truly exceptional hardship that full-time custody would cause the offender's seriously ill wife. Good character was not a mitigating factor, since it was of assistance in the commission of the offences. Final apprehended personal violence orders were necessary and mandated only to the extent required to protect the complainant.

Court Disposition

Convicted; sentenced to wholly suspended custodial sentences; Apprehended Personal Violence Order made.

Orders

  • ['On each sequence, the offender is convicted and sentenced to 12 months imprisonment, wholly suspended for 12 months conditional on good behaviour bonds.' 'The offender is to be of good behaviour and to appear before the court if called upon during the bond period, and to inform the Registrar of any change in...