R v SH

The case of R v SH involved the sentencing of an offender who had committed a series of child sex offences against two victims over a significant period of time. The offender, who was the paternal uncle of the victims, engaged in a range of sexual abuse, including indecent assaults, inciting acts of indecency, and sexual intercourse without consent. The abuse occurred over 5 and 11 year periods respectively for the two victims, who were as young as 6 and 7 years old when the offending commenced. The majority of the facts were agreed upon, with only a contested finding of fact in respect to certain counts.

The primary legal issues the court had to address were the objective seriousness of the offending and the appropriate sentence. The court considered the aggravating factors, including the large number of offences, substantial emotional harm to the victims, abuse of trust or authority, the vulnerability of the victims, and the length of time over which the offending conduct occurred. Mitigating factors included the offender’s lack of a criminal record, the unavailability of good character, the impact of protective custody, low risks of reoffending, the offender’s advanced age, and the absence of remorse or contrition.

The court determined that the offending was of upper range seriousness and imposed an aggregate sentence of 12 years imprisonment with a non-parole period of 7 years. The court considered that the special circumstances warranted a sentence that would ensure the protection of the community and provide an appropriate punishment. The sentence was to commence on 30 July 2019, with the non-parole period expiring on 29 July 2026, and the balance of the sentence expiring on 29 July 2031.