R v BJ; R v HA; R v DM
Case
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[2018] NSWDC 122
•28 March 2018
Details
AGLC
Case
Decision Date
R v BJ; R v HA; R v DM [2018] NSWDC 122
[2018] NSWDC 122
28 March 2018
CaseChat Overview and Summary
Three co-offenders, BJ, HA, and DM, pleaded guilty to aggravated sexual intercourse with a child between 14 and 16 years old, in company of one another. The case was heard in the Supreme Court of New South Wales. The central issue for the court was to determine the appropriate sentences for each offender, considering their respective roles, the gravity of the offence, and the impact on the victim. The court also had to consider the offenders' age, their level of culpability, and whether any aggravating or mitigating factors should be taken into account.
The court noted the offenders were in the company of one another, which was an aggravating factor. It was also noted that the victim was a single young person, which further compounded the severity of the offence. The court examined the individual roles of each offender, with BJ taking the lead role, HA playing a secondary role, and DM the most minimal role. The court gave significant weight to the fact that all offenders were young and had pleaded guilty, which was seen as a mitigating factor. The court also took into account the offenders' background, including their age, prior criminal history, and prospects for rehabilitation.
After considering all these factors, the court sentenced BJ to a custodial sentence of six years, with a non-parole period of four years. HA was sentenced to a custodial sentence of five years, with a non-parole period of three years. DM received a custodial sentence of four years, with a non-parole period of two years. The court ordered that the sentences for BJ, HA, and DM be served concurrently. The court also made orders for each offender to be placed on a sex offenders’ register for a period of ten years.
The court noted the offenders were in the company of one another, which was an aggravating factor. It was also noted that the victim was a single young person, which further compounded the severity of the offence. The court examined the individual roles of each offender, with BJ taking the lead role, HA playing a secondary role, and DM the most minimal role. The court gave significant weight to the fact that all offenders were young and had pleaded guilty, which was seen as a mitigating factor. The court also took into account the offenders' background, including their age, prior criminal history, and prospects for rehabilitation.
After considering all these factors, the court sentenced BJ to a custodial sentence of six years, with a non-parole period of four years. HA was sentenced to a custodial sentence of five years, with a non-parole period of three years. DM received a custodial sentence of four years, with a non-parole period of two years. The court ordered that the sentences for BJ, HA, and DM be served concurrently. The court also made orders for each offender to be placed on a sex offenders’ register for a period of ten years.
Details
Key Legal Topics
Areas of Law
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Criminal Law
Legal Concepts
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Aggravated Sexual Intercourse
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Offenders in Company
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Young Offenders
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Pleas of Guilty
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Citations
R v BJ; R v HA; R v DM [2018] NSWDC 122
Cases Citing This Decision
0
Cases Cited
23
Statutory Material Cited
3
Morawski v State Rail Authority
[2000] NSWCCA 309
Simkhada v R
[2010] NSWCCA 284
BP v The Queen
[2006] NSWCCA 172