R v Baldwin-Davies [2023] NSWDC 595

R v Baldwin-Davies [2023] NSWDC 595

The seriousness of the offences, encompassing a continuous sequence of child sexual assault and production of abuse material against a vulnerable, cognitively impaired victim, aggravated by breach of trust and the setting, warrants a substantial term of imprisonment. The offender's guilty plea and limited criminal history result in a statutory discount and finding of special circumstances, justifying a longer parole period to assist rehabilitation. Aggregate sentence imposed reflects totality, seriousness, and need for community protection.

Parties
Prosecution: Rex; Defendant: Luke Baldwin-Davies
Jurisdiction
Australia
Judgment Date
20 November 2023
Procedural Posture
Criminal / Sentencing
Outcome
Convicted on each count. Aggregate sentence of 12 years imprisonment with non-parole period of 7 years 9 months. Special circumstances found due to first time in custody and prospects for rehabilitation.
Legal Topics
Sentencing, Child Sexual Offences, Production of Child Abuse Material, Aggravated Sexual Intercourse, Breach of Trust
Criminal Law Sentencing Child Sexual Offences Production of Child Abuse Material Aggravated Sexual Intercourse Breach of Trust

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Parties

Rex

Prosecution

Luke Baldwin-Davies

Defendant

Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 Appropriate sentence for multiple child sexual offences including aggravated sexual intercourse and production of child abuse material
  2. 2 Assessment of objective and subjective seriousness of the offences
  3. 3 Consideration of special circumstances and prospects of rehabilitation for the offender

Ratio Decidendi

The seriousness of the offences, encompassing a continuous sequence of child sexual assault and production of abuse material against a vulnerable, cognitively impaired victim, aggravated by breach of trust and the setting, warrants a substantial term of imprisonment. The offender's guilty plea and limited criminal history result in a statutory discount and finding of special circumstances, justifying a longer parole period to assist rehabilitation. Aggregate sentence imposed reflects totality, seriousness, and need for community protection.

Court Disposition

Convicted on each count. Aggregate sentence of 12 years imprisonment with non-parole period of 7 years 9 months. Special circumstances found due to first time in custody and prospects for rehabilitation.

Orders

  • The offender is sentenced to an aggregate term of imprisonment of 12 years.
  • Non-parole period of 7 years and 9 months, commencing 4 January 2022 and expiring 3 October 2029.