R v Flax [2014] NSWDC 268

R v Flax [2014] NSWDC 268

Given the gravity of the offence, breach of trust, and the seriousness as set by the legislated maximum and standard non-parole periods, a sentence of full-time imprisonment of five years is warranted, with a non-parole period of two years justified by special circumstances, namely the offender's age, absence of prior offences, first time in custody, and personal situation.

Parties
Crown: Regina; Offender: Michael Flax
Jurisdiction
Australia
Judgment Date
05 November 2014
Procedural Posture
Criminal / Sentence
Outcome
Offender sentenced to five years imprisonment with a non-parole period of two years.
Legal Topics
Sexual Offences, Sentencing, Offences Against the Person, Breach of Trust, Plea of Guilty, Mitigation, Non Parole Period, Special Circumstances
Criminal Law Sexual Offences Sentencing Offences Against the Person Breach of Trust Plea of Guilty Mitigation Non Parole Period +1 more

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Parties

Regina

Crown

Michael Flax

Offender

Procedural Posture

Criminal / Sentence

Legal Issues

  1. 1 What is the appropriate sentence for the offence of sexual intercourse with a child under 10?
  2. 2 What is the impact of a late plea of guilty, without admission, on sentencing?
  3. 3 Does the hardship to a third party (offender's partner) justify a non-custodial sentence?

Ratio Decidendi

Given the gravity of the offence, breach of trust, and the seriousness as set by the legislated maximum and standard non-parole periods, a sentence of full-time imprisonment of five years is warranted, with a non-parole period of two years justified by special circumstances, namely the offender's age, absence of prior offences, first time in custody, and personal situation.

Court Disposition

Offender sentenced to five years imprisonment with a non-parole period of two years.

Orders

  • Offender sentenced to five years imprisonment for the offence of sexual intercourse with a child under 10.
  • Non-parole period fixed at two years from 5 November 2014 to 4 November 2016.