R v McLennan, Raymond [2009] NSWDC 298

R v McLennan, Raymond [2009] NSWDC 298

The offender pleaded guilty to two counts of sexual intercourse with a person above the age of fourteen and under sixteen; assessment of the seriousness found penile/vaginal intercourse within mid-range and fellatio below mid-range. Sentences were imposed reflecting the criminality, with discounts for the guilty plea, and accumulation for totality. Special circumstances were found due to hardship in custody and rehabilitation prospects; recommendations for offender to participate in CORE programme. Total sentences and non-parole periods precisely set according to these findings.

Jurisdiction
Australia
Judgment Date
09 September 2009
Procedural Posture
Criminal / Sentencing Judgment
Outcome
convicted; sentenced to imprisonment with specified non-parole periods and head sentences; recommendation for CORE programme; potential for parole at discretion of Parole Board; no immediate AVO imposed
Legal Topics
['sexual Assault' 'sentencing' 'sexual Intercourse With Person Under 16' 'absence of Consent' 'objective Seriousness']
['criminal Law'] ['sexual Assault' 'sentencing' 'sexual Intercourse With Person Under 16' 'absence of Consent' 'objective Seriousness']

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Procedural Posture

Criminal / Sentencing Judgment

Legal Issues

  1. 1 ['appropriate sentence for sexual intercourse with a person aged over 14 and under 16' 'assessment of objective criminality' 'impact of plea of guilty on sentencing' 'assessment of subjective circumstances' 'totality of sentencing and special circumstances']

Ratio Decidendi

The offender pleaded guilty to two counts of sexual intercourse with a person above the age of fourteen and under sixteen; assessment of the seriousness found penile/vaginal intercourse within mid-range and fellatio below mid-range. Sentences were imposed reflecting the criminality, with discounts for the guilty plea, and accumulation for totality. Special circumstances were found due to hardship in custody and rehabilitation prospects; recommendations for offender to participate in CORE programme. Total sentences and non-parole periods precisely set according to these findings.

Court Disposition

convicted; sentenced to imprisonment with specified non-parole periods and head sentences; recommendation for CORE programme; potential for parole at discretion of Parole Board; no immediate AVO imposed

Orders

  • ['Count 1: Sexual intercourse with person under 16 - convicted; sentenced to 2 years 7 months and 15 days (discounted from 3 years), non-parole period 18 months from 6 February 2009 to 5 August 2010; balance of term 10 months 15 days to 20 September 2011.' 'Count 2: Sexual intercourse with person under 16...