R v BW [2021] NSWDC 721

R v BW [2021] NSWDC 721

Aggregate sentence of 8 years and 6 months imprisonment with a non-parole period of 5 years and 3 months imposed, reflecting the objective seriousness of the offences, aggravating factors including authority and tender age, and special circumstances due to offender's health and psychological issues. Partial concurrency applied between grouped counts, and stern custodial punishment imposed as required by precedent and statute.

Jurisdiction
Australia
Judgment Date
09 November 2021
Procedural Posture
Criminal / Sentencing
Outcome
conviction and custodial sentence
Legal Topics
['sexual Offences' 'aggravated Sexual Assault' 'child Sexual Assault' 'sentencing' 'criminal Procedure']
['criminal Law'] ['sexual Offences' 'aggravated Sexual Assault' 'child Sexual Assault' 'sentencing' 'criminal Procedure']

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Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 ['Assessment of objective seriousness for aggravated sexual assault and indecent assault offences against a child under authority' 'Consideration of standard non-parole periods and relevant aggravating factors' "Impact of offender's physical and psychological issues on sentencing" 'Appropriate aggregate custodial sentence for multiple child sexual offences']

Ratio Decidendi

Aggregate sentence of 8 years and 6 months imprisonment with a non-parole period of 5 years and 3 months imposed, reflecting the objective seriousness of the offences, aggravating factors including authority and tender age, and special circumstances due to offender's health and psychological issues. Partial concurrency applied between grouped counts, and stern custodial punishment imposed as required by precedent and statute.

Court Disposition

conviction and custodial sentence

Orders

  • ['Aggregate sentence of imprisonment of 8 years 6 months with a non-parole period of 5 years 3 months commencing 16 April 2021; parole eligibility on 15 July 2026; head sentence expiry on 15 October 2029']