R v Barrie, Anthony

Case

[2009] NSWDC 96

27 March 2009


Details
AGLC Case Decision Date
R v Barrie, Anthony [2009] NSWDC 96 [2009] NSWDC 96 27 March 2009

CaseChat Overview and Summary

In the matter of R v Barrie, Anthony, the defendant was convicted of using a carriage service to procure a minor to engage in sexual activity, and two counts of sexual intercourse with a person aged 14 but less than 16. The case was heard in the relevant Australian court. The prosecution brought the case against Barrie based on his predatory behaviour and his previous criminal record, which included jail time for similar sexual offences. The court was required to determine sentencing for each of the charges, considering the severity of the crimes, the defendant's criminal history, and his worrying psycho-sexual profile.

The court needed to consider the appropriate sentence for each of the charges, taking into account the principles of proportionality, deterrence, and rehabilitation. The court also needed to balance the competing interests of punishing the defendant for his crimes, protecting the community, and providing the defendant with an opportunity for rehabilitation. The court was required to determine an appropriate head sentence and balance of term for the overall sentence.

The court found that the crimes committed by Barrie were of a serious nature, and his criminal history and psycho-sexual profile warranted a significant sentence. The court imposed a sentence of 4 1/2 years imprisonment with a Non-Parole Period of 2 and 1/2 years for the carriage service charge. For the two charges of sexual intercourse with a person aged 14 but less than 16, the court imposed a minimum term of imprisonment for 2 years and 1 year 5 months respectively, with the balance of the terms being 1 year 5 months and 2 years 8 months. The court considered the totality of the circumstances and determined that the overall sentence should be 5 1/2 years imprisonment, with a balance of term of 2 years 8 months.

The court's final orders were that Barrie be sentenced to 4 1/2 years imprisonment with a Non-Parole Period of 2 and 1/2 years for the carriage service charge, 2 years imprisonment with a balance of term of 1 year 5 months for the first charge of sexual intercourse, and 2 1/2 years imprisonment with a balance of term of 2 years 8 months for the second charge of sexual intercourse. The overall sentence was 5 1/2 years imprisonment, with a balance of term of 2 years 8 months.
Details

Areas of Law

  • Criminal Law

Legal Concepts

  • Criminal Liability

  • Sentencing

  • Sexual Offences

  • Predatory Behaviour

  • Undesirable Criminal History

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Cases Citing This Decision

0

Cases Cited

5

Statutory Material Cited

2

Tector v R [2008] NSWCCA 151
R v McGourty [2002] NSWCCA 335