R v DER

Case

[2018] NSWDC 98

06 April 2018


Details
AGLC Case Decision Date
R v DER [2018] NSWDC 98 [2018] NSWDC 98 06 April 2018

CaseChat Overview and Summary

In the matter of R v DER, the defendant was convicted on multiple counts of indecent assault against a female under the age of 16, as well as acts of indecency against the same female under the age of 16. The case was heard in the Supreme Court of Victoria. The defendant pleaded guilty to the charges, and the court had to decide on the appropriate sentence.

The court had to consider the nature of the offences, the vulnerability of the victim due to her age, and the defendant's position of trust. The offences were opportunistic, and there were no threats of violence or other aggravating factors. The delay in prosecution did not constitute a mitigating factor. The defendant had no prior criminal history, but there was limited remorse and insight into the offending. The court also considered the likelihood of reoffending and the defendant's prospects of rehabilitation.

After considering all the factors, the court sentenced the defendant to an aggregate term of imprisonment of four years, with a non-parole period of two years. The court found special circumstances, which allowed for a variation of the statutory ratio in the Sentencing Act 1991. The defendant's earliest release date is 5 April 2020, when he will be eligible for parole. The court's decision was based on the seriousness of the offences, the vulnerability of the victim, and the defendant's limited remorse and insight into the offending.
Details

Areas of Law

  • Criminal Law

Legal Concepts

  • Historical Offences

  • Indecent Assault

  • Sentencing

  • Plea of Guilty

  • Rehabilitation

  • Non-Parole Period

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Cases Citing This Decision

0

Cases Cited

21

Statutory Material Cited

3

Suleman v R [2009] NSWCCA 70
Peiris v R [2014] NSWCCA 58
Alesbhi v R; Esbhi v R [2018] NSWCCA 30