R v James Nicholas Kontaxis

Case

[2016] NSWDC 199

02 September 2016


Details
AGLC Case Decision Date
R v James Nicholas Kontaxis [2016] NSWDC 199 [2016] NSWDC 199 02 September 2016

CaseChat Overview and Summary

The case of R v James Nicholas Kontaxis involved the defendant who was charged with multiple offences of sexual intercourse with a child between the ages of 10 and 14 years. The case was heard in the relevant court, which imposed a full-time custodial sentence on the defendant. The matter before the court involved the sentencing of the defendant, who had pleaded guilty to the charges. The court also considered the lifting of a suppression order that was in place.

The primary legal issues the court had to address were the appropriate sentence for the defendant's multiple offences, and the implications of lifting the suppression order. In determining the sentence, the court considered the nature and circumstances of the offences, the defendant's background, and the need to protect the community and the victim. The court also had to assess whether lifting the suppression order would be in the public interest.

In reaching its decision, the court thoroughly examined the evidence and submissions presented by both parties. The court considered the gravity of the offences, the defendant's criminal history, and the need for deterrence and rehabilitation. The court found that the offences were of a serious nature and warranted a custodial sentence. The court also determined that lifting the suppression order would not be in the public interest, given the sensitive nature of the offences and the need to protect the victim's identity.

The court imposed a full-time custodial sentence on the defendant, reflecting the seriousness of the offences and the need to protect the community. The court further determined that the suppression order should remain in place to protect the victim's identity. The final orders of the court included the custodial sentence for the defendant, and the continuation of the suppression order.
Details

Areas of Law

  • Criminal Law

Legal Concepts

  • Sexual Offences

  • Child Protection

  • Aggravated & Exemplary Damages

  • Sentencing

Actions
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Cases Citing This Decision

0

Cases Cited

26

Statutory Material Cited

3

R v Gavel [2014] NSWCCA 56
R v CMB [2014] NSWCCA 5
SW v R [2013] NSWCCA 255