R v Bussey [2020] NSWDC 802

R v Bussey [2020] NSWDC 802

Deprivation of liberty was limited to actions occurring on the bed immediately prior to the commission of the offence, and objective seriousness was in the low range for offences of this type. The offender’s mental health, lack of criminal record, and personal circumstances mitigated sentence, but full-time custodial term was required.

Parties
Prosecutor: The Crown; Offender: Derek David Bussey
Jurisdiction
Australia
Judgment Date
07 July 2020
Procedural Posture
Criminal / Sentence After Jury Verdict
Outcome
convicted; sentenced to imprisonment
Legal Topics
Sentencing, Aggravated Sexual Assault, Deprivation of Liberty
Criminal Law Sentencing Aggravated Sexual Assault Deprivation of Liberty

Case Brief

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Parties

The Crown

Prosecutor

Derek David Bussey

Offender

Procedural Posture

Criminal / Sentence After Jury Verdict

Legal Issues

  1. 1 factual findings consistent with jury verdicts
  2. 2 deprivation of liberty
  3. 3 objective seriousness of offence

Ratio Decidendi

Deprivation of liberty was limited to actions occurring on the bed immediately prior to the commission of the offence, and objective seriousness was in the low range for offences of this type. The offender’s mental health, lack of criminal record, and personal circumstances mitigated sentence, but full-time custodial term was required.

Court Disposition

convicted; sentenced to imprisonment

Orders

  • The offender is sentenced to imprisonment for four years and six months, commencing 22 June 2020 and expiring 21 December 2024.
  • A non-parole period of three years is fixed, expiring 21 May 2023.