R v Lee [2022] NSWDC 482

R v Lee [2022] NSWDC 482

Both offences, sexual touching and sexual intercourse without consent, fell modestly below the mid-range of seriousness but warranted full-time imprisonment. Special circumstances were found in relation to count 2, justifying only a modest variation to the statutory ratio. Sentences were accumulated due to the separate acts, resulting in a total term of 3 years and 2 months imprisonment with a non-parole period of 2 years and 2 months; the adjustment reflects the finding of special circumstances and COVID-related custodial hardship.

Jurisdiction
Australia
Judgment Date
14 October 2022
Procedural Posture
Criminal / Sentencing After Trial
Outcome
conviction and custodial sentence imposed
Legal Topics
['sentencing' 'sexual Offences' 'sexual Touching' 'sexual Intercourse Without Consent']
['criminal Law'] ['sentencing' 'sexual Offences' 'sexual Touching' 'sexual Intercourse Without Consent']

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Procedural Posture

Criminal / Sentencing After Trial

Legal Issues

  1. 1 ['assessment of objective seriousness of the offences' 'need for full-time imprisonment' 'determination of non-parole period and special circumstances' "assessment of offender's subjective circumstances and prospects of rehabilitation" 'effect of COVID-related custodial restrictions']

Ratio Decidendi

Both offences, sexual touching and sexual intercourse without consent, fell modestly below the mid-range of seriousness but warranted full-time imprisonment. Special circumstances were found in relation to count 2, justifying only a modest variation to the statutory ratio. Sentences were accumulated due to the separate acts, resulting in a total term of 3 years and 2 months imprisonment with a non-parole period of 2 years and 2 months; the adjustment reflects the finding of special circumstances and COVID-related custodial hardship.

Court Disposition

conviction and custodial sentence imposed

Orders

  • ['The offender is convicted on both counts.' 'Count 1: Fixed term of 9 months imprisonment (equivalent to non-parole period) from 18 July 2022.' 'Count 2: 3 years imprisonment with a non-parole period of 2 years from 18 September 2022, term expires 17 September 2025, non-parole period expires 17 September 2024.'...