R v Bako

The case of R v Bako involved a former tennis coach who was convicted of multiple sexual offences against three victims over a five-year period. The victims, IT, VM, and DZ, were aged between 8 and 17 years old at the time of the offences. The court was tasked with sentencing the defendant, Bako, who had been found guilty of 20 counts of sexual offences, including assault with an act of indecency, indecent assault of a person under 16, and maintaining an unlawful relationship with a child. The court had to consider the nature and severity of the offences, the relationship between the offender and the victims, and the impact on the victims and their families.

The legal issues before the court included determining whether certain elements of the offences, such as "under authority," were particularised in the indictment or needed to be considered as statutory aggravating circumstances. The court also needed to assess the objective seriousness of the offences and the subjective matters relevant to the sentencing process, including uncharged acts and breaches of trust. The court had to balance these considerations to ensure the sentence was proportionate to the crimes committed while also considering the special circumstances of the case, such as the offender’s first-time status in custody and the potential stress caused to the victims and their families.

In delivering the sentence, the court acknowledged the gravity of the offences and the profound impact they had on the victims. The court recognised the breach of trust and the manipulative nature of the crimes, which involved a trusted figure abusing their position. Special circumstances were noted, including the likely difficulty the offender would face in custody due to the nature of the offences and the potential place of custody. The court determined an aggregate term of imprisonment for 10 years, with a non-parole period of 5 years, recognising the need for both punishment and the potential for rehabilitation. The sentence was designed to reflect the seriousness of the offences while considering the offender’s background and the impact on the victims and their families.

The final orders of the court specified the indicative sentences for each count, leading to the aggregate sentence of 10 years imprisonment. The non-parole period was set at 5 years, starting on 22 March 2024 and expiring on 21 March 2029, with the balance of the term set to expire on 21 March 2034. The court aimed to provide a sentence that was both fair and just, considering all the relevant factors in the case.