R v Anthony TALLY [2009] NSWDC 367

R v Anthony TALLY [2009] NSWDC 367

A significant sentence is warranted for the aggravated sexual assault offence despite the historic delay; objective gravity of the offence, harm to the victim, the necessity for deterrence, and the absence of subsequent sexual offending were weighed. Sentences for the break and enter offences were imposed consecutively. The offender's guilty plea justified a sentencing discount, and special circumstances were found, extending parole supervision.

Jurisdiction
Australia
Judgment Date
10 December 2017
Procedural Posture
Criminal / Sentencing
Outcome
Sentenced to imprisonment for each offence.
Legal Topics
['sentencing' 'aggravated Sexual Assault' 'break Enter and Steal' 'form 1 Offences']
['criminal Law'] ['sentencing' 'aggravated Sexual Assault' 'break Enter and Steal' 'form 1 Offences']

Case Brief

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Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 ['Appropriate sentence for aggravated sexual assault committed in 1997' 'Appropriate sentence for a series of break enter and steal offences committed in 2007' 'Effect of significant delay on sentencing for an old offence' 'Application of sentencing discounts for guilty plea' 'Consideration of special circumstances for parole eligibility']

Ratio Decidendi

A significant sentence is warranted for the aggravated sexual assault offence despite the historic delay; objective gravity of the offence, harm to the victim, the necessity for deterrence, and the absence of subsequent sexual offending were weighed. Sentences for the break and enter offences were imposed consecutively. The offender's guilty plea justified a sentencing discount, and special circumstances were found, extending parole supervision.

Court Disposition

Sentenced to imprisonment for each offence.

Orders

  • ['For aggravated sexual assault: imprisonment—non-parole period of 4 years from 18 January 2010; head sentence of 7 years' 'For break enter and steal (offences B and C): fixed term of 2 years from 18 January 2008' 'For break enter and steal (offences D, E and F): fixed term of 2 years from 18 January 2009' 'Total...