District Court
New South Wales
- Amendment notes
Medium Neutral Citation: R v Seizov [2019] NSWDC 409 Hearing dates: 13 June 2019 Decision date: 13 June 2019 Jurisdiction: Criminal Before: Haesler SC Decision: Aggregate sentence of four years and two months with a non parole period of two years and one month.
Catchwords: SENTENCING - Relevant factors on sentence - Sexual intercourse without consent – indecent assault – multiple complainants – purposes of sentencing – victim vindication – retribution – offender rehabilitation – variation from standard non parole period – totality – partial accumulation – special circumstances – remorse – early guilty plea – young vulnerable offender, Legislation Cited: Crimes Act 1900
Crimes (Sentencing Procedure) Act 1999Cases Cited: Cowling v R [2015] NSWCCA 213
Markarian v The Queen (2005) 228 CLR 357
Mill v The Queen (1988) 166 CLR 59
R v Simpson [2001] NSWCCA 534; 53 NSWLR 704
Tepania v R [2018] NSWCCA 247Category: Sentence Parties: Stefan Seizov (the offender)
Director of Public ProsecutionsRepresentation: Counsel:
Solicitors:
Ms C Davenport, SC (for the offender)
Katsoolis & Co (for the offender)
Mr D Coulton (for the Director of Public Prosecutions)
File Number(s): 2018/00182189 Publication restriction: The Complainants are referred to in this judgment by pseudonyms,The names of the complainants are not to be published, nor is any other material that could lead to the identification of that complainant: s578A of the Crimes Act 1900.
SENTENCE – ex tempore revised
Introduction
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Stefan Seizov is only 21 years old. He was born in 1997. It is clear that he still has a lot of growing up to do. It is also clear that in 2015 he was immature and thought only of himself. Over the past 12 months he has had to reflect upon the serious crimes that he has committed against three young women who were friends of his and part of his social circle. His offences individually and collectively are so serious, that is accepted, that only a sentence of full time imprisonment can be imposed upon him. I am sentencing him today for five matters, two counts of sexual intercourse without consent and three counts of assault with an act of indecency.
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When I sentence him for one of the sexual intercourse without consent matters I have been asked to, and will, take into account another act of sexual intercourse without consent and two counts of assault with act of indecency. The sexual intercourse offences pursuant to s 61I of the Crimes Act 1900, carries a maximum penalty of 14 years imprisonment. Parliament on behalf of the community have stipulated that for an offence, which taking into account only objective factors effecting its relative seriousness is in the middle of the range, there should be a standard non‑parole period of seven years imprisonment. Assault with act of indecency pursuant to s 61L Crimes Act carries a maximum penalty of five years imprisonment.
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The guidance offered by the maximum penalties and the standard non‑parole periods where appropriate, must…
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- AGLC
- R v Seizov [2019] NSWDC 409
- Case
- [2019] NSWDC 409
- Decision Date
CaseChat Overview and Summary
In its deliberations, the court examined the gravity of the offences, the impact on the victims, and the need for deterrence. It considered the totality principle to ensure the overall sentence reflected the cumulative seriousness of the crimes, rather than treating each offence in isolation. The court also recognised the defendant's early guilty plea and remorse as mitigating factors, but balanced these against the need for retribution and the protection of society. The decision to vary from the standard non-parole period was informed by the unique aspects of this case, including the number of victims and the vulnerability of the offender.
After weighing these considerations, the court sentenced Seizov to an aggregate term of four years and two months imprisonment, with a non-parole period of two years and one month. This sentence reflects the court's assessment of the various sentencing principles and the specific circumstances of the case. The decision acknowledges the need for both punishment and rehabilitation, while also providing a measure of certainty for the victims and the community.
Orders
Orders of the court
Aggregate sentence of four years and two months with a non parole period of two years and one month.
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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