R v Van Der Baan [2010] NSWDC 25

R v Van Der Baan [2010] NSWDC 25

Given the seriousness and aggravating factors of each offence, the offender is sentenced to substantial terms of full-time imprisonment, with concurrent sentences for each cluster of offences, the non-parole periods set according to the statutory regime in force at time of offence, and a 25% reduction applied for early guilty pleas; prior similar offences are relevant to prospects of rehabilitation and risk, but do not warrant double punishment; significant delay accepted as a relevant factor but not as mitigation, and preventative detention cannot be imposed solely for protection of society.

Jurisdiction
Australia
Judgment Date
05 February 2010
Procedural Posture
Criminal / Sentencing
Outcome
Convicted on each count; sentenced to imprisonment as specified.
Legal Topics
['offences Against the Person' 'sexual Offences' 'rape and Sexual Assault' 'circumstances of Aggravation' 'robbery With an Offensive Weapon' 'sentencing' 'prior Similar Offences' 'delay in Prosecution' 'rehabilitation' 'remorse' 'prospects of Rehabilitation']
['criminal Law'] ['offences Against the Person' 'sexual Offences' 'rape and Sexual Assault' 'circumstances of Aggravation' 'robbery With an Offensive Weapon' 'sentencing' 'prior Similar Offences' 'delay in Prosecution' 'rehabilitation' 'remorse' 'prospects of Rehabilitation']

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Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 ['Appropriate sentences for aggravated sexual assault and robbery with an offensive weapon' 'Impact of delay in prosecution on sentencing' 'Relevance of prior similar offences to sentencing' "Assessment of offender's rehabilitation prospects" 'Effect of plea of guilty on sentencing']

Ratio Decidendi

Given the seriousness and aggravating factors of each offence, the offender is sentenced to substantial terms of full-time imprisonment, with concurrent sentences for each cluster of offences, the non-parole periods set according to the statutory regime in force at time of offence, and a 25% reduction applied for early guilty pleas; prior similar offences are relevant to prospects of rehabilitation and risk, but do not warrant double punishment; significant delay accepted as a relevant factor but not as mitigation, and preventative detention cannot be imposed solely for protection of society.

Court Disposition

Convicted on each count; sentenced to imprisonment as specified.

Orders

  • ['Robbery: Fixed term imprisonment for 18 months from 23/5/07 to 22/11/08.' 'Aggravated sexual assault (BH): Fixed term 6 years 9 months from 23/11/07 to 22/8/14, on each count, concurrently.' 'Aggravated sexual assault (SP): Each count sentenced to 12 years (NPP 9 years), from 23/8/12 to 22/8/21 (NPP), balance to...