R v Roberts

Case

[2019] NSWDC 510

08 May 2019


Details
AGLC Case Decision Date
R v Roberts [2019] NSWDC 510 [2019] NSWDC 510 08 May 2019

CaseChat Overview and Summary

In the case of R v Roberts, the respondent faced charges for multiple indecent assaults. The complainant had been the victim of three separate assaults when she was a child, and two more when she was an adult. The case was heard in the relevant court, where the primary issue was the imposition of an appropriate sentence for these historic sexual offences. The court had to consider the impact of legislative changes that occurred during the interim period, as well as the respondent's belated pleas of guilt. Additionally, the court needed to take into account the subjective circumstances of the case, including the respondent's history as a former army and correctional services officer, and his severe post-traumatic stress disorder (PTSD) with short-term memory loss, which was a first-time experience for him while in custody.

The court acknowledged the need to balance the gravity of the offences with the respondent's personal circumstances, including his age and the fact that he had been in custody for a considerable period. The court also took into consideration the legislative changes that had occurred since the offences were committed, as well as the belated pleas of guilt. The court found that special circumstances were present, including the respondent's service as a former army and correctional services officer, and his severe PTSD with short-term memory loss, which was a first-time experience for him while in custody.

After careful consideration of the relevant factors, the court determined that an aggregate sentence of three years' imprisonment was appropriate, with a non-parole period of two years and a balance of term of one year. The court found that the respondent's belated pleas of guilt and his personal circumstances warranted a degree of leniency, but that the seriousness of the offences could not be overlooked. The court also took into account the need to deter similar offending in the future and to provide some measure of retribution for the victims. The court ordered the respondent to serve a term of imprisonment for three years, with a non-parole period of two years, and a balance of term of one year. The sentence was to commence on 6 May 2019 and to expire on 5 May 2022.
Details

Areas of Law

  • Criminal Law

Legal Concepts

  • Criminal Liability

  • Sentencing

  • Mens Rea & Intention

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Cases Citing This Decision

4

R v Roberts (a pseudonym) [2024] NSWDC 352
Kelly v R [2021] NSWCCA 154
R v Roberts (a pseudonym) [2024] NSWDC 352
Cases Cited

4

Statutory Material Cited

2

R v MJR [2002] NSWCCA 129
MPB v R [2013] NSWCCA 213
R v Moon [2000] NSWCCA 534