R v Fischer [2009] NSWDC 31

R v Fischer [2009] NSWDC 31

The offender, convicted of multiple counts of indecent assault and sexual intercourse with a child under 16, is sentenced in accordance with the maximum penalties and sentencing practices prevailing at the time of the offences in 1983/1984, taking into account special circumstances in relation to age, health, and rehabilitation prospects and aggregating sentences reflecting multiple distinct offending periods. Non-parole period set at 60% of total sentence given special circumstances.

Parties
Prosecution: Regina; Defendant: Peter Brian Fischer
Jurisdiction
Australia
Judgment Date
27 February 2009
Procedural Posture
Criminal / Sentencing After Trial
Outcome
convicted, sentenced to imprisonment
Legal Topics
Historical Offences, Sexual Offences, Sexual Intercourse, Indecent Assault, Sentencing, Tendency and Coincidence Evidence
Criminal Law Historical Offences Sexual Offences Sexual Intercourse Indecent Assault Sentencing Tendency and Coincidence Evidence

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Parties

Regina

Prosecution

Peter Brian Fischer

Defendant

Procedural Posture

Criminal / Sentencing After Trial

Legal Issues

  1. 1 Appropriate sentence for historical sexual offences against a child
  2. 2 Application of sentencing law and practices prevailing at the time of offending
  3. 3 Effect of aggravating and mitigating circumstances on sentence

Ratio Decidendi

The offender, convicted of multiple counts of indecent assault and sexual intercourse with a child under 16, is sentenced in accordance with the maximum penalties and sentencing practices prevailing at the time of the offences in 1983/1984, taking into account special circumstances in relation to age, health, and rehabilitation prospects and aggregating sentences reflecting multiple distinct offending periods. Non-parole period set at 60% of total sentence given special circumstances.

Court Disposition

convicted, sentenced to imprisonment

Orders

  • Offender is sentenced to 5 years imprisonment beginning 27 February 2009 and expiring 26 February 2014.
  • Non-parole period of 3 years, eligible for parole on 26 February 2012.