R v Hardy [2023] NSWDC 660

R v Hardy [2023] NSWDC 660

Given the objective seriousness below mid-range due to limited facts, significant age disparity, pleas of guilty at the first opportunity, and the offender's background reducing moral culpability, but also considering the ongoing intimate relationship and need for general and specific deterrence, the appropriate sentence is an aggregate term of imprisonment of 3 years with a non-parole period of 18 months for the three offences, with two Form 1 offences taken into account for sequence 1.

Parties
Crown: Rex; Offender: Brett Hardy
Jurisdiction
Australia
Judgment Date
23 November 2023
Procedural Posture
Criminal / Sentence
Outcome
Offender convicted and sentenced to aggregate term of imprisonment of 3 years with a non-parole period of 18 months for three substantive offences. Two Form 1 offences taken into account for sentencing sequence 1.
Legal Topics
Sentencing, Child Sexual Offences, Domestic Violence, Objective Seriousness, Remorse and Rehabilitation, Indigenous Background, General Deterrence, Specific Deterrence
Criminal Law Sentencing Child Sexual Offences Domestic Violence Objective Seriousness Remorse and Rehabilitation Indigenous Background General Deterrence +1 more

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Parties

Rex

Crown

Brett Hardy

Offender

Procedural Posture

Criminal / Sentence

Legal Issues

  1. 1 Appropriate sentence for multiple sexual offences against a child under 16
  2. 2 Relevance of Form 1 offences to the sentencing exercise
  3. 3 Assessment of objective and subjective seriousness

Ratio Decidendi

Given the objective seriousness below mid-range due to limited facts, significant age disparity, pleas of guilty at the first opportunity, and the offender's background reducing moral culpability, but also considering the ongoing intimate relationship and need for general and specific deterrence, the appropriate sentence is an aggregate term of imprisonment of 3 years with a non-parole period of 18 months for the three offences, with two Form 1 offences taken into account for sequence 1.

Court Disposition

Offender convicted and sentenced to aggregate term of imprisonment of 3 years with a non-parole period of 18 months for three substantive offences. Two Form 1 offences taken into account for sentencing sequence 1.

Orders

  • Offender is convicted.
  • Offender sentenced to an aggregate term of imprisonment of 3 years, commencing 8 May 2023 and expiring 7 May 2026.