R v SMP [2018] NSWLC 2

R v SMP [2018] NSWLC 2

The offences were towards the upper level of objective seriousness and aggravated by substantial emotional harm, commission in the victim's home, breach of trust, and the vulnerability of the young victim. Although the defendant had no prior convictions, was unlikely to reoffend, had good prospects of rehabilitation, showed some remorse, and received a 15% discount for late guilty pleas, the seriousness of the historical offending meant the section 5 threshold for imprisonment was crossed. It was not appropriate to assume the matters would have been disposed of leniently in the Children's jurisdiction or without conviction. Applying the penalties and sentencing patterns prevailing at the...

Jurisdiction
Australia
Judgment Date
20 March 2018
Procedural Posture
Criminal Sentencing for Assault With an Act of Indecency / Sentence After Guilty Pleas to Substituted Charges, With One Matter on a Form 1
Outcome
Defendant convicted on each charge and sentenced to imprisonment, with the sentences suspended on conditions requiring entry into bonds.
Legal Topics
['assault With an Act of Indecency' 'historical Offences' 'juvenile Offender at Time of Offending' 'breach of Trust' 'victim Impact Statement' 'objective Seriousness' 'utilitarian Value of Guilty Plea' 'suspended Sentence']
['criminal Law' 'sentencing'] ['assault With an Act of Indecency' 'historical Offences' 'juvenile Offender at Time of Offending' 'breach of Trust' 'victim Impact Statement' 'objective Seriousness' 'utilitarian Value of Guilty Plea' 'suspended Sentence']

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Procedural Posture

Criminal Sentencing for Assault With an Act of Indecency / Sentence After Guilty Pleas to Substituted Charges, With One Matter on a Form 1

Legal Issues

  1. 1 ['What sentence should be imposed for historical offences of assault with an act of indecency committed when the defendant was aged 16 and 17.' "Whether the matter should be dealt with by a non-conviction order or otherwise by reference to the Children's jurisdiction that may have applied in 1984 and 1985." "Whether aggravating factors were established, including substantial emotional harm, offending in the victim's home, breach of trust, and vulnerability of the victim." 'How the Court should apply historical maximum penalties, prevailing sentencing patterns and procedures, delay, prior good character, low risk of reoffending, rehabilitation prospects, remorse, and the utilitarian value of the guilty pleas.' 'Whether imprisonment was required and, if so, whether the sentences should be suspended.']

Ratio Decidendi

The offences were towards the upper level of objective seriousness and aggravated by substantial emotional harm, commission in the victim's home, breach of trust, and the vulnerability of the young victim. Although the defendant had no prior convictions, was unlikely to reoffend, had good prospects of rehabilitation, showed some remorse, and received a 15% discount for late guilty pleas, the seriousness of the historical offending meant the section 5 threshold for imprisonment was crossed. It was not appropriate to assume the matters would have been disposed of leniently in the Children's jurisdiction or without conviction. Applying the penalties and sentencing patterns prevailing at the...

Court Disposition

Defendant convicted on each charge and sentenced to imprisonment, with the sentences suspended on conditions requiring entry into bonds.

Orders

  • ['The defendant is convicted on each charge.' 'On sequence 7, the defendant is sentenced to imprisonment for a period of 6 months.' 'On sequence 8, the defendant is sentenced to imprisonment for a minimum period of 9 months with an additional period of 3 months.' 'The sentences of imprisonment are suspended on...