R v Starke (a pseudonym) [2023] NSWDC 377

R v Starke (a pseudonym) [2023] NSWDC 377

The seriousness of the aggravated sexual assault offence is assessed as being in the middle of the range, justified by the infliction of actual bodily harm, threats, abuse of trust, and impact on a cognitively impaired victim. Special circumstances are found based on low-level intellectual functioning and lack of eligibility for custody-based sex offender programs, warranting a modest reduction in the non-parole period. Aggregate sentence is imposed without concurrency, reflecting the distinct criminal acts and periods between offences.

Jurisdiction
Australia
Judgment Date
15 September 2023
Procedural Posture
Criminal / Sentencing
Outcome
convicted and sentenced
Legal Topics
['sexual Offences' 'aggravated Sexual Assault' 'domestic Violence' 'stalking' 'intimidation' 'sentencing' 'actual Bodily Harm']
['criminal Law'] ['sexual Offences' 'aggravated Sexual Assault' 'domestic Violence' 'stalking' 'intimidation' 'sentencing' 'actual Bodily Harm']

Case Brief

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Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 ['Determination of appropriate sentence for aggravated sexual assault and intimidation offences' 'Assessment of objective and subjective seriousness of the offending' 'Consideration of special circumstances in sentencing']

Ratio Decidendi

The seriousness of the aggravated sexual assault offence is assessed as being in the middle of the range, justified by the infliction of actual bodily harm, threats, abuse of trust, and impact on a cognitively impaired victim. Special circumstances are found based on low-level intellectual functioning and lack of eligibility for custody-based sex offender programs, warranting a modest reduction in the non-parole period. Aggregate sentence is imposed without concurrency, reflecting the distinct criminal acts and periods between offences.

Court Disposition

convicted and sentenced

Orders

  • ['The offender is convicted of aggravated sexual assault and intimidation offences.' 'Aggregate sentence of 7 years and 4 months imprisonment, with non-parole period of 4 years and 9 months dated from 15 July 2021.' 'Offender first eligible for release on 14 April 2026; balance of term expires 14 November 2028.'...