R v Walkerden [2019] NSWDC 881

R v Walkerden [2019] NSWDC 881

The appropriate sentence for the offender, having regard to his intellectual disability, absence of further offending in the 20 years since the crimes, evidence of remorse and rehabilitation, and the significant subjective hardship of custody, is a three-year aggregate sentence with a substantial finding of special circumstances and a 15% reduction for the early plea. The historic nature of the offences and the contemporary sentencing practices inform, but do not dictate, the sentencing discretion, and the objective seriousness is tempered by the offender’s limitation and the passage of time.

Parties
Offender: Michael Walkerden; Prosecutor: Director of Public Prosecutions
Jurisdiction
Australia
Judgment Date
07 November 2019
Procedural Posture
Criminal / Sentencing
Outcome
offender sentenced to imprisonment
Legal Topics
Sentencing, Sexual Offences, Child Sexual Abuse, Intellectual Disability in Sentencing
Criminal Law Sentencing Sexual Offences Child Sexual Abuse Intellectual Disability in Sentencing

Case Brief

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Parties

Michael Walkerden

Offender

Director of Public Prosecutions

Prosecutor

Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 What is an appropriate sentence for historic indecent assault and sexual intercourse with a child committed by an intellectually disabled offender?
  2. 2 How should the offender's intellectual disability and time elapsed since offence affect the sentence?
  3. 3 What weight should be given to guilty plea and demonstrated rehabilitation?

Ratio Decidendi

The appropriate sentence for the offender, having regard to his intellectual disability, absence of further offending in the 20 years since the crimes, evidence of remorse and rehabilitation, and the significant subjective hardship of custody, is a three-year aggregate sentence with a substantial finding of special circumstances and a 15% reduction for the early plea. The historic nature of the offences and the contemporary sentencing practices inform, but do not dictate, the sentencing discretion, and the objective seriousness is tempered by the offender’s limitation and the passage of time.

Court Disposition

offender sentenced to imprisonment

Orders

  • Aggregate sentence of three years imprisonment, commencing 7 November 2019.
  • Non-parole period of one year and six months, expiry 6 May 2021.