R v Obbens [2022] NSWDC 47

R v Obbens [2022] NSWDC 47

Taking into account current sentencing law for historical child sexual offences (s 25AA), the nature and circumstances of the offences, the offender’s guilty plea, remorse, very low risk of reoffending, subjective factors including age, health, rehabilitation, and powerful evidence of good character, a community corrections order for 18 months is the appropriate sentence. The offending is below midrange objective seriousness and the totality principle requires no higher sentence than that previously imposed for similar conduct. Full-time custody is not required to meet the purposes of sentencing in this case.

Jurisdiction
Australia
Judgment Date
23 February 2022
Procedural Posture
Criminal / Sentencing
Outcome
The offender is convicted and to comply with a community corrections order for 18 months commencing 23 February 2022.
Legal Topics
['sentencing' 'historical Child Sexual Offences' 'totality Principle' 'mitigating Factors' 'general Deterrence' 'rehabilitation' 'objective Seriousness']
['criminal Law'] ['sentencing' 'historical Child Sexual Offences' 'totality Principle' 'mitigating Factors' 'general Deterrence' 'rehabilitation' 'objective Seriousness']

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Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 ['What is the appropriate sentence for historical child sexual offences taking into account current sentencing patterns and s 25AA of the Crimes (Sentencing Procedure) Act 1999?' 'How should the court weigh factors of delay, rehabilitation, and subjective considerations when sentencing for offences committed decades ago?' 'What is the role of good character and remorse in mitigating sentence for sexual offences against children?']

Ratio Decidendi

Taking into account current sentencing law for historical child sexual offences (s 25AA), the nature and circumstances of the offences, the offender’s guilty plea, remorse, very low risk of reoffending, subjective factors including age, health, rehabilitation, and powerful evidence of good character, a community corrections order for 18 months is the appropriate sentence. The offending is below midrange objective seriousness and the totality principle requires no higher sentence than that previously imposed for similar conduct. Full-time custody is not required to meet the purposes of sentencing in this case.

Court Disposition

The offender is convicted and to comply with a community corrections order for 18 months commencing 23 February 2022.

Orders

  • ['The offender is convicted of the offence.' 'The offender is to comply with a community corrections order for 18 months commencing 23 February 2022 under s 8(1) Crimes (Sentencing Procedure) Act 1999, taking into account the Form 1 offence and a 25% discount for plea of guilty.' 'Standard conditions: must not...