R v CF [2016] NSWDC 315

R v CF [2016] NSWDC 315

Given the gravity and breach of trust, and the need for general deterrence, a full time custodial sentence must be imposed, with special circumstances relating to age, health, and first time in custody considered when determining the non-parole period.

Jurisdiction
Australia
Judgment Date
01 July 2016
Procedural Posture
Criminal / Sentencing
Outcome
Aggregate sentence imposed consisting of non-parole period of 5 years with a head sentence of 8 years
Legal Topics
['sexual Intercourse Without Consent' 'indecent Assault on Child Under the Age of 16' 'sentencing' 'breach of Trust' 'general Deterrence']
['criminal Law'] ['sexual Intercourse Without Consent' 'indecent Assault on Child Under the Age of 16' 'sentencing' 'breach of Trust' 'general Deterrence']

Case Brief

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Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 ['appropriate sentence for sexual offences committed by the offender against a child under 16' "consideration of breach of trust, offender's character, health, prospects of rehabilitation, and impact on the complainant"]

Ratio Decidendi

Given the gravity and breach of trust, and the need for general deterrence, a full time custodial sentence must be imposed, with special circumstances relating to age, health, and first time in custody considered when determining the non-parole period.

Court Disposition

Aggregate sentence imposed consisting of non-parole period of 5 years with a head sentence of 8 years

Orders

  • ['Aggregate sentence of imprisonment dated from 6 May 2016' 'Non-parole period of five years with a head sentence of eight years' 'Non-parole period to expire on 5 May 2021, offender eligible for parole']