R v COLLINS, John [2017] NSWDC 281

R v COLLINS, John [2017] NSWDC 281

The offender was sentenced to a cumulative custodial sentence for two historical sexual offences and possess child abuse material while on bail, reflecting aggravating factors including previous sexual offences, high risk of re-offending, limited contrition, offending whilst subject to bail, and harm to the victim. Pleas of guilty attracted utilitarian discounts. The Court also found special circumstances due to partial accumulation and need for supervision upon release, with sentencing standards applied as at the time of offending for historical offences.

Jurisdiction
Australia
Judgment Date
11 August 2017
Procedural Posture
Criminal / Sentencing
Outcome
full time custodial sentence
Legal Topics
['indecent Assault' 'buggery' 'possess Child Abuse Material' 'historical Offences' 'sentencing' 'aggravating and Mitigating Factors' 'mental Disorder' 'pleas of Guilty' 'form 1 Offences' 'totality' 'special Circumstances']
['criminal Law'] ['indecent Assault' 'buggery' 'possess Child Abuse Material' 'historical Offences' 'sentencing' 'aggravating and Mitigating Factors' 'mental Disorder' 'pleas of Guilty' 'form 1 Offences' 'totality' 'special Circumstances']

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Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 ['Appropriate sentence for historical sexual offences committed in the late 1970s/early 1980s' 'Sentencing for possession and dissemination of child abuse material while on bail' 'Consideration of aggravating and mitigating factors' 'Impact of paedophilic disorder as a mental disorder connected with the offences' "Weight to be given to general and specific deterrence given offender's high risk of re-offending and limited contrition"]

Ratio Decidendi

The offender was sentenced to a cumulative custodial sentence for two historical sexual offences and possess child abuse material while on bail, reflecting aggravating factors including previous sexual offences, high risk of re-offending, limited contrition, offending whilst subject to bail, and harm to the victim. Pleas of guilty attracted utilitarian discounts. The Court also found special circumstances due to partial accumulation and need for supervision upon release, with sentencing standards applied as at the time of offending for historical offences.

Court Disposition

full time custodial sentence

Orders

  • ['Conviction and sentence for possess child abuse material: 3 years 9 months imprisonment from 14 October 2016 to 13 July 2020, no fixed non-parole period.' 'Conviction and sentence for indecent assault: 1 year 3 months imprisonment commencing 14 December 2018, expiring 13 March 2020, no fixed non-parole period.'...