CRIME — Sexual intercourse without consent — Sexual touching — Choking
SENTENCING — Special circumstances — Offender abused as a child — Disadvantaged upbringing — Offender suffers from multiple mental health issues and intellectual disabilities — Interrelated offences of — Personal relationship between offender and complainant
Quick Take
1Where an offender's profound childhood deprivation, multiple mental health conditions (depression, PTSD, ADHD, autism spectrum disorder), and moderate intellectual disability are causally connected to offending, they substantially reduce moral culpability, diminish the weight of general deterrence, and warrant significant moderation of sentence, consistent with Bugmy v The Queen and DPP v De La Rosa.
2When interrelated offences arise from a single course of conduct, the sentencing court must avoid double-counting aggravating features common to multiple charges while still ensuring some independent punishment for each offence, applying Pearce v The Queen and Mill v The Queen.
3Special circumstances justifying an extended parole period may be found where the offender requires reintegration support including NDIS programs, drug and alcohol treatment, and secure housing, and where there is a high risk of institutionalisation from prolonged custody.
