R v Knott [2019] NSWDC 839

R v Knott [2019] NSWDC 839

The offences were premeditated, part of a continuing course of conduct, and committed while on parole, an aggravating feature. The offences demonstrated sufficient overlap to warrant application of totality principle, but accumulation was necessary due to the differing nature of offences. Indicative sentences for each count were set and then aggregated to a total of eight years' imprisonment (six years non-parole, two years parole), with the sentence commencing partially through the revoked parole period. Special circumstances for parole were not found.

Parties
Prosecutor: Regina; Offender: Knott, Alan
Jurisdiction
Australia
Judgment Date
24 October 2019
Procedural Posture
Criminal / Sentence
Outcome
convicted and sentenced
Legal Topics
Sentencing, Child Sexual Abuse, Child Abuse Material, Grooming, Sexual Intercourse With Child, Deterrence, Parole, Objective Seriousness, Remorse, Accumulation of Sentence, Totality Principle
Criminal Law Sentencing Child Sexual Abuse Child Abuse Material Grooming Sexual Intercourse With Child Deterrence Parole +4 more

Case Brief

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Parties

Regina

Prosecutor

Knott, Alan

Offender

Procedural Posture

Criminal / Sentence

Legal Issues

  1. 1 What is the appropriate sentence for offences of grooming a child under 14 for unlawful sexual activity, use of a child under 14 to make child abuse material, and sexual intercourse with a child aged ten to fourteen?
  2. 2 How should accumulation and totality principles be applied to multiple offences with significant overlap?
  3. 3 What is the impact of parole status on sentencing for fresh offences committed while released?

Ratio Decidendi

The offences were premeditated, part of a continuing course of conduct, and committed while on parole, an aggravating feature. The offences demonstrated sufficient overlap to warrant application of totality principle, but accumulation was necessary due to the differing nature of offences. Indicative sentences for each count were set and then aggregated to a total of eight years' imprisonment (six years non-parole, two years parole), with the sentence commencing partially through the revoked parole period. Special circumstances for parole were not found.

Court Disposition

convicted and sentenced

Orders

  • Alan Knott is sentenced to a term of imprisonment of eight years comprising a non-parole period of six years, commencing on 20 October 2018 and expiring 19 October 2024, and a balance of term of two years commencing 20 October 2024 and expiring 19 October 2026
  • Indicative sentences: SEQ 3 (groom child under 14 for unlawful sexual activity): 2 years 10 months, NPP 2 years 1 month; SEQ 5 (use child under 14 to make child abuse material): 3 years, NPP 2 years 3 months; SEQ 18, 19, 20 (sexual intercourse with child 10–14): 6 years each, NPP 4 years 6 months each