R v Shanmugam (No 2) [2020] NSWDC 555

R v Shanmugam (No 2) [2020] NSWDC 555

The aggregate sentence of 5 years imprisonment with a non-parole period of 3 years is justified by the objective seriousness of the offences, breach of trust, persistence and escalation in severity, and need for community denunciation, balanced against mitigating factors including certainty of deportation, prior good character, low risk of re-offending, and special circumstances. Each offence formed part of a single episode and warranted considerable concurrency, but the overall sentence must reflect the totality of offending.

Jurisdiction
Australia
Judgment Date
17 September 2020
Procedural Posture
Criminal / Sentencing After Trial
Outcome
conviction and imprisonment
Legal Topics
['sexual Touching Without Consent' 'attempted Sexual Intercourse Without Consent' 'sexual Intercourse Without Consent' 'sentencing' 'victim Impact' 'intoxication' 'deportation' 'prior Good Character' 'prospects of Reoffending']
['criminal Law'] ['sexual Touching Without Consent' 'attempted Sexual Intercourse Without Consent' 'sexual Intercourse Without Consent' 'sentencing' 'victim Impact' 'intoxication' 'deportation' 'prior Good Character' 'prospects of Reoffending']

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Procedural Posture

Criminal / Sentencing After Trial

Legal Issues

  1. 1 ['How should the sentence be structured for multiple counts of sexual offences committed within a short period?' 'What are the mitigating factors relevant to sentencing for sexual offences after a trial?' 'Is the certainty of deportation relevant to sentencing?' 'Should intoxication affect the sentence imposed for the offences?']

Ratio Decidendi

The aggregate sentence of 5 years imprisonment with a non-parole period of 3 years is justified by the objective seriousness of the offences, breach of trust, persistence and escalation in severity, and need for community denunciation, balanced against mitigating factors including certainty of deportation, prior good character, low risk of re-offending, and special circumstances. Each offence formed part of a single episode and warranted considerable concurrency, but the overall sentence must reflect the totality of offending.

Court Disposition

conviction and imprisonment

Orders

  • ['Formal conviction recorded on each count' 'Sentence for Count 1: 3 months imprisonment (sexual touching without consent)' 'Sentence for Count 2: 2 years imprisonment (attempted sexual intercourse without consent)' 'Sentence for Count 3: 1 year imprisonment (sexual touching without consent)' 'Sentence for Count 4:...