R v Sanchez [2021] NSWDC 561

R v Sanchez [2021] NSWDC 561

The Court found that the offender repeatedly chose to indecently assault his very young nieces for personal sexual gratification, exploiting their vulnerability and his familial access, without any cognitive, mental health or other external factor reducing culpability. The Sequence 3, 4, 5 and 7 offending was assessed as low range and the Sequence 9 offending as mid-range; the alleged aggravating factors of breach of trust and presence of a child were not proved beyond reasonable doubt. The offender received a 25% guilty plea discount, but his remorse was significantly diminished, his good character did not warrant leniency, and no penalty other than imprisonment was appropriate. An...

Jurisdiction
Australia
Judgment Date
23 September 2021
Procedural Posture
Criminal Sentencing for Indecent Assault Offences / Sentence After Pleas of Guilty
Outcome
The offender was convicted of each offence and sentenced to an aggregate term of imprisonment comprising a non-parole period of 2 years and 9 months and a total term of 3 years and 8 months.
Legal Topics
['sexual Offences' 'indecent Assault' 'child Victims' 'aggregate Sentence' 'guilty Plea Discount' 'objective Seriousness' 'non Parole Period']
['criminal Law' 'sentencing'] ['sexual Offences' 'indecent Assault' 'child Victims' 'aggregate Sentence' 'guilty Plea Discount' 'objective Seriousness' 'non Parole Period']

Case Brief

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Procedural Posture

Criminal Sentencing for Indecent Assault Offences / Sentence After Pleas of Guilty

Legal Issues

  1. 1 ["What sentence should be imposed for the offender's indecent assaults against two child victims." 'Whether the objective seriousness of each offence fell in the low or mid-range of offending of its type.' 'Whether alleged aggravating factors under the Criminal (Sentencing Procedure) Act 1999 (NSW), including breach of trust and presence of a child, were established beyond reasonable doubt.' "What effect should be given to the offender's pleas of guilty, lack of prior convictions, asserted good character, remorse, risk of reoffending, first incarceration and COVID pandemic conditions." 'Whether no penalty other than imprisonment was appropriate and whether an aggregate sentence should be imposed.']

Ratio Decidendi

The Court found that the offender repeatedly chose to indecently assault his very young nieces for personal sexual gratification, exploiting their vulnerability and his familial access, without any cognitive, mental health or other external factor reducing culpability. The Sequence 3, 4, 5 and 7 offending was assessed as low range and the Sequence 9 offending as mid-range; the alleged aggravating factors of breach of trust and presence of a child were not proved beyond reasonable doubt. The offender received a 25% guilty plea discount, but his remorse was significantly diminished, his good character did not warrant leniency, and no penalty other than imprisonment was appropriate. An...

Court Disposition

The offender was convicted of each offence and sentenced to an aggregate term of imprisonment comprising a non-parole period of 2 years and 9 months and a total term of 3 years and 8 months.

Orders

  • ['The offender is convicted of each offence.' 'The offender is sentenced to a term of imprisonment comprising a non-parole period of 2 years and 9 months; with a total term of 3 years and 8 months.' 'The sentence commences on 22 September 2020 and expires on 21 May 2024.' 'The non-parole period expires on 21 June...