R v JOW [2017] NSWDC 201

R v JOW [2017] NSWDC 201

A sentence of imprisonment is the only appropriate penalty, the starting point of 8 years reduced by 25% due to an early guilty plea, resulting in a non-parole period of 3 years and a balance of term of 3 years, taking into account historic sentencing patterns, aggravating and mitigating features, offender's age and health, very low risk of reoffending, and special circumstances for parole ratio variation.

Parties
Prosecution: The Crown; Offender: JOW
Jurisdiction
Australia
Judgment Date
21 June 2017
Procedural Posture
Criminal / Sentencing
Outcome
convicted and sentenced to imprisonment
Legal Topics
Rape, Historical Sexual Assault, Sentencing
Criminal Law Rape Historical Sexual Assault Sentencing

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 5 Party arguments 2 Amounts and remedies 4
Sign in to unlock

Parties

The Crown

Prosecution

JOW

Offender

Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 Appropriate sentence for historical offence of rape
  2. 2 Application of sentencing patterns at time of offence
  3. 3 Aggravating and mitigating factors in sentencing

Ratio Decidendi

A sentence of imprisonment is the only appropriate penalty, the starting point of 8 years reduced by 25% due to an early guilty plea, resulting in a non-parole period of 3 years and a balance of term of 3 years, taking into account historic sentencing patterns, aggravating and mitigating features, offender's age and health, very low risk of reoffending, and special circumstances for parole ratio variation.

Court Disposition

convicted and sentenced to imprisonment

Orders

  • Convicted in relation to one count of rape.
  • Sentence: non-parole period of 3 years from 21 June 2017 to 20 June 2020; balance of term of 3 years from 21 June 2020 to 20 June 2023.