R v M [2010] NSWDC 153

R v M [2010] NSWDC 153

A significant custodial sentence is justified due to breach of trust and seriousness of aggravated sexual intercourse with an underaged child under authority, despite mitigation from offender's troubled background and late guilty plea.

Jurisdiction
Australia
Judgment Date
25 June 2010
Procedural Posture
Criminal / Sentence
Outcome
offender sentenced to imprisonment
Legal Topics
['sentence' 'sexual Intercourse in Circumstances of Aggravation' 'breach of Trust' 'under Authority of Offender']
['criminal Law'] ['sentence' 'sexual Intercourse in Circumstances of Aggravation' 'breach of Trust' 'under Authority of Offender']

Case Brief

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Procedural Posture

Criminal / Sentence

Legal Issues

  1. 1 ['appropriate sentence for aggravated sexual intercourse by a parent with a child under authority' "consideration of offender's moral culpability given history of being sexually assaulted" 'assessment of rehabilitation prospects and risk of reoffending']

Ratio Decidendi

A significant custodial sentence is justified due to breach of trust and seriousness of aggravated sexual intercourse with an underaged child under authority, despite mitigation from offender's troubled background and late guilty plea.

Court Disposition

offender sentenced to imprisonment

Orders

  • ['On count 2, imprisonment with a fixed term of two years from 5 October 2008.' 'On count 4, imprisonment with a non parole period of two years from 5 October 2009 and a head sentence of three and a half years.' 'Total sentence: non parole period of three years and eligibility for parole for one and a half years,...