R v Slattery

Case [2017] NSWDC 373


District Court


New South Wales

  • Amendment notes
Medium Neutral Citation: R v Slattery [2017] NSWDC 373
Hearing dates: 22 September 2017, 27 October 2017, 30 October 2017 and 15 December 2017; Written submissions (Crown): 22 September 2017, and 17 December 2017; Written submissions (Defence): 18 December 2017
Date of orders: 18 December 2017
Decision date: 18 December 2017
Jurisdiction:Criminal
Before: Hatzistergos DCJ
Decision:

The offender is sentenced to an aggregate term of imprisonment pursuant to s 53A of the 1999 Act of 3 years and 10 months, comprising a non-parole period of 2 years and 4 months to date from 18 December 2017 to 17 April 2020 and an additional term of 1 year and 6 months to date from 18 April 2020 to 17 October 2020, during which the offender is eligible to be released on parole.

Catchwords: CRIMINAL LAW – SENTENCE – offender pleaded guilty to four counts of indecent assault against persons under the age of 16 years – whether the fact that one offence could have been dealt with in the Local Court has a significant bearing on the exercise of sentencing discretion – no prior recorded convictions – remorse established – low likelihood of reoffending – excellent prospects of rehabilitation – special circumstances established – impact of delay in sentencing on the question of general deterrence
Legislation Cited: Crimes Act 1900 (NSW) ss 61E, 61M, 578A
Crimes (Sentencing Procedure) Act 1999 (NSW) ss 3A, 5, 21A, 22, 33, 44, 53A
Cases Cited: AK v R [2016] NSWCCA 238
Attorney General’s Application under s 37 of the Crimes (Sentencing Procedure) Act 1999 (NSW) (No 1) of 2002 (2002) 56 NSWLR 146; [2002] NSWCCA 518
Bains v R [2016] NSWCCA 132
Denham v R [2016] NSWCCA 309
Featherstone v R [2008] NSWCCA 71
MC v R [2017] NSWCCA 316
MLP v R [2006] NSWCCA 271; (2006) 164 A Crim R 93
MPB v R [2013] NSWCCA 213
Peiris v R [2014] NSWCCA 58
PWB V R [2011] NSWCCA 84
PWB v R [2011] NSWCCA 84
R v AJP [2004] NSWCCA 434; (2004) 150 A Crim R 575
R v Baxter (Court of Criminal Appeal, 26 May 1994, unreported)
R v Borkowski [2009] NSWCCA 182
R v Brian Joseph Spillane [2016] NSWDC 337
R v DCM (Court of Criminal Appeal, 26 October 1993, unreported)
R v Hall [2017] NSWCCA 313
R v Moon [2000] NSWCCA 534
R v PGM [2008] NSWCCA 172; (2008) 187 A Crim R 152
R v Staupe [2015] NSWCCA 175
R v Thomson and Houlton [2000] NSWLR 383
R v Todd [1982] NSWLR 517
Zreik v R (2012) 223 A Crim R 460
Category:Sentence
Parties: Philip David Slattery
Regina
Representation: Counsel:
Ms Moody (Crown)
Mr Makin (Defence)
File Number(s): 2016/375884, 2016/376028
Publication restriction: Pursuant to section 578A Crimes Act 1900 (NSW) any matter which identifies the complainants or any matter which is likely to identify the complainants are not to be published. They are referred to in these…

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R v Slattery [2017] NSWDC 373
Case
[2017] NSWDC 373
Decision Date

CaseChat Overview and Summary

The case of R v Slattery involved the defendant pleading guilty to four counts of indecent assault against individuals under the age of 16 years. The court was tasked with determining an appropriate sentence. The defendant had no prior criminal record, demonstrated remorse, and had an excellent prognosis for rehabilitation, with a low likelihood of reoffending. Special circumstances were also presented, and the court had to consider the impact of the delay in sentencing on the principle of general deterrence.

The legal issues before the court included the appropriate exercise of sentencing discretion, particularly given the nature of the offences and the fact that one offence could have been dealt with in the Local Court. The court needed to weigh the severity and nature of the offences, the defendant's remorse and prospects for rehabilitation, and the implications of delay in sentencing. The court also considered whether the delay affected the principle of general deterrence.

The court determined that the appropriate sentence should reflect the seriousness of the offences, the defendant's remorse, and the low risk of reoffending. It found that the special circumstances and the delay in sentencing did not significantly alter the exercise of its discretion. The court concluded that an aggregate term of imprisonment was warranted, taking into account all relevant factors. The sentence was set at three years and ten months, with a non-parole period of two years and four months, followed by an additional term of one year and six months during which the offender would be eligible for parole.

The court's final orders were that the offender is to serve an aggregate term of imprisonment of three years and ten months, with a non-parole period of two years and four months, commencing from 18 December 2017 and ending on 17 April 2020. The additional term of one year and six months would commence from 18 April 2020 and end on 17 October 2020, during which the offender is eligible for release on parole.

Orders

Orders of the court

The offender is sentenced to an aggregate term of imprisonment pursuant to s 53A of the 1999 Act of 3 years and 10 months, comprising a non-parole period of 2 years and 4 months to date from 18 December 2017 to 17 April 2020 and an additional term of 1 year and 6 months to date from 18 April 2020 to 17 October 2020, during which the offender is eligible to be released on parole.

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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