District Court
New South Wales
- Amendment notes
Medium Neutral Citation: R v Dorsett [2023] NSWDC 537 Hearing dates: 5 June 2023, 6 June 2023 Decision date: 09 June 2023 Jurisdiction: Criminal Before: King SC DCJ Decision: Indicative sentences:
H664-1 – [JL 2022/00029377/001] - 2 years
H664-4 – [JL 2022/00029377/004] – 2 years, 6 months
H408–1 – [JL 2022/00080450/001] - 2 years, 6 months
H664-6 – [JL 2022/00029377/006] - 2 years, 6 months
H408-3 – [JL 2022/00080450/003] - 2 years, 6 months
H866-1 – [JL 2021/00313238/001] - 9 months
H362-2 – [JL 2021/00313247/002] -
+ Form 1 H362-3 – [JL 2021/00313247/003] 6 years NP 3 years
H362-6 – [JL 2021/00313247/006 ] - 2 years, 6 months
Aggregate sentence:
Special circumstances found – 1st time in custody, need for a very lengthy period on supervised parole to assist him in respect of sexual offending and to return to a law-abiding life in the community.
Sentenced to a term of imprisonment for 10 years comprising a non-parole period of 5 years to commence on 4 November 2021 and to expire on 3 November 2026, upon which date the offender is eligible for release to parole, and a balance of term of 5 years to commence on 4 November 2026 and to expire on 3 November 2031.
Catchwords: CRIMINAL – sentence - sexual intercourse with a child aged 14 and under 16 years (x 6) – 4 victims - intentionally sexually touch child aged 10yrs & under 16yrs – Form 1 matter – offender aged 21-23 years at time of offending – mild intellectual disability - contextual relevance of uncharged offences – Victim Impact Statements - general and specific deterrence – subjective matters
Legislation Cited: CrimesAct 1900
Crimes(SentencingProcedure)Act1999
Cases Cited: Attorney-General’s Application Number 1 of 2002 (2002) NSWCCA 518
Category: Sentence Parties: Regina
Dorsett, BenjamineRepresentation: Counsel:
Solicitors:
Defence: Ms M Cusack
ODPP: Ms A Mifsud, Ms E Lyte
Defence: Ms T Randall Randall Legal
File Number(s): 2021/00313238 2021/00313247 2022/00080450 2022/00029377 Publication restriction: NPO in respect of the names of the complainants and anything that might tend to identify them.
JUDGMENT
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HIS HONOUR: Benjamine Dorsett appears for sentence in respect of a number of offences. There are six offences contrary to s 66C(3) of the Crimes Act 1900. The maximum penalty provided for any offence of that nature is ten years’ imprisonment and there is no relevant standard non-parole period. There is a further charge contrary to s 66DB(a). The maximum penalty in respect of that offence is ten years’ imprisonment and there is no standard non-parole period. There is one offence contrary to s 66C(1) and also another offence of exactly the same nature to be taken into account on a Form 1. The maximum penalty in relation to offences contrary to s 66C(1) of the Crimes Act is 16 years and there is a relevant standard non-parole period of seven years.
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- AGLC
- R v Dorsett [2023] NSWDC 537
- Case
- [2023] NSWDC 537
- Decision Date
CaseChat Overview and Summary
The court was required to address several legal issues, including the relevance of uncharged offences in sentencing, the impact of Dorsett’s mild intellectual disability, and the consideration of general and specific deterrence. Additionally, the court took into account Victim Impact Statements and the need for Dorsett to be assisted in rehabilitating his behaviour, particularly given his first-time incarceration status and the lengthy period he would need on supervised parole to reintegrate into the community.
The court found that while the crimes were of a serious nature, the mitigating factors such as Dorsett's first-time incarceration and his mild intellectual disability warranted a balanced approach to sentencing. The court determined that an aggregate sentence of 10 years imprisonment was appropriate, with a non-parole period of 5 years. This decision aimed to balance the need for punishment and deterrence with the opportunity for Dorsett to rehabilitate and reintegrate into society under supervision.
The court ordered Dorsett to serve a term of imprisonment for 10 years, with a non-parole period of 5 years, starting from 4 November 2021 and expiring on 3 November 2026, followed by a balance of term of 5 years. The sentencing took into account the serious nature of the crimes and the need for Dorsett to undergo a lengthy period of supervised parole to assist in his rehabilitation and reintegration into the community.
Orders
Orders of the court
Indicative sentences:
H664-1 – [JL 2022/00029377/001] - 2 years
H664-4 – [JL 2022/00029377/004] – 2 years, 6 months
H408–1 – [JL 2022/00080450/001] - 2 years, 6 months
H664-6 – [JL 2022/00029377/006] - 2 years, 6 months
H408-3 – [JL 2022/00080450/003] - 2 years, 6 months
H866-1 – [JL 2021/00313238/001] - 9 months
H362-2 – [JL 2021/00313247/002] -
+ Form 1 H362-3 – [JL 2021/00313247/003] 6 years NP 3 years
H362-6 – [JL 2021/00313247/006 ] - 2 years, 6 months
Aggregate sentence:
Special circumstances found – 1st time in custody, need for a very lengthy period on supervised parole to assist him in respect of sexual offending and to return to a law-abiding life in the community.
Sentenced to a term of imprisonment for 10 years comprising a non-parole period of 5 years to commence on 4 November 2021 and to expire on 3 November 2026, upon which date the offender is eligible for release to parole, and a balance of term of 5 years to commence on 4 November 2026 and to expire on 3 November 2031.
Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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