R v B J N [2007] NSWDC 49

R v B J N [2007] NSWDC 49

The sentence was determined based on the mid-range seriousness of aggravated indecent assault, considering breach of trust, vulnerability, absence of physical injury, the offender's limited insight, plea of guilty, and special circumstances due to age, health, and first time in custody.

Jurisdiction
Australia
Judgment Date
08 February 2007
Procedural Posture
Criminal / Sentencing
Outcome
conviction and custodial sentence
Legal Topics
['sentencing' 'aggravated Indecent Assault' 'breach of Trust' 'special Circumstances' 'standard Non Parole Period']
['criminal Law'] ['sentencing' 'aggravated Indecent Assault' 'breach of Trust' 'special Circumstances' 'standard Non Parole Period']

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Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 ['appropriate sentence for aggravated indecent assault by parent on minor' 'assessment of objective and subjective criminality' 'applicability of standard non-parole period' 'finding of special circumstances for parole']

Ratio Decidendi

The sentence was determined based on the mid-range seriousness of aggravated indecent assault, considering breach of trust, vulnerability, absence of physical injury, the offender's limited insight, plea of guilty, and special circumstances due to age, health, and first time in custody.

Court Disposition

conviction and custodial sentence

Orders

  • ['Convicted of aggravated indecent assault' 'Non-parole period of 2 years 3 months from 8 February 2007 to 7 May 2009' 'Special circumstances found' 'Balance of term 2 years 8 months 2 weeks to expire 21 October 2011']