Appendix 2: Details of in the rape sample that received non-imprisonment sentences Table A2: Cases in the rape sample that received non-imprisonment sentences Case Plea Charge/s Sentence name RP case Guilty 1 x rape ICO 12 Offender aged 18 years at time of – 5 months offending, victim was 16 Maximising good prospects given his age Plea No prior offences RP case Not 1 x rape RTO 5 years 20 year old offender – 10 guilty Victim was nine year old son of his cousin Extreme violence inflicted Aboriginal offender First sexual offence conviction/prior criminal history of escalating violence Long history of depression, self-harm, suicide attempts would be vulnerable in – custody Intellectual disability Need for community protection – need for sustained, focused treatment RP case Guilty 2 x rape, CCO 2 years Both offender and victim were – 22 2 x indecent supervision, intellectually disabled residents at the – assault sexual same facility offender Verdins principles program, Lack of available at the appropriate continue to long term facility: imposition of a ‘The participate in Community-based Order, at face value, psychological seems extremely lenient and out of kilter treatment and with sentences usually imposed for your comply with type of offending, particularly the rape pre-existing charges. However, I propose to convict justice plan you and release you on all charges on a community-based order for 2 years’ RP case Not 2 x rape YJC detention Offender aged 19 years at time of 30 guilty 3 offending, victim was his 17 year old aunt – Offender was aged 20 at sentence Good prospects of rehabilitation – primacy of rehabilitation given his age and community interest RP case Not 1 x rape RTO (length Offender aged 18 years at time of 38 guilty unspecified in offending, victim was aged 17 years remarks) Offender was aged 19 years at sentence Intellectual impairment Previous offending Rehabilitation to be given substantial weight RP case Guilty 1 x rape IRTP 3 years Offender aged 39 years, victim was 32 – 41 year old sister
Appendix 2: Details of in the rape sample that received non-imprisonment sentences Table A2: Cases in the rape sample that received non-imprisonment sentences Case name Plea Charge/s Sentence RP case 5 Guilty 1 x rape ICO – 12 months Offender aged 18 years at time of offending, victim was 16 Maximising good prospects given his age Plea No prior offences RP case 10 Not guilty 1 x rape RTO – 5 years 20 year old offender Victim was nine year old son of his cousin Extreme violence inflicted Aboriginal offender First sexual offence conviction/prior criminal history of escalating violence Long history of depression, self-harm, suicide attempts – would be vulnerable in custody Intellectual disability Need for community protection – need for sustained, focused treatment RP case 22 Guilty 2 x rape, 2 x indecent assault CCO – 2 years – supervision, sexual offender program, continue to participate in psychological treatment and comply with pre-existing justice plan Both offender and victim were intellectually disabled residents at the same facility Verdins principles Lack of available at the appropriate long term facility: ‘The imposition of a Community-based Order, at face value, seems extremely lenient and out of kilter with sentences usually imposed for your type of offending, particularly the rape charges. However, I propose to convict you and release you on all charges on a community-based order for 2 years’ RP case 30 Not guilty 2 x rape YJC detention – 3 Offender aged 19 years at time of offending, victim was his 17 year old aunt Offender was aged 20 at sentence Good prospects of rehabilitation – primacy of rehabilitation given his age and community interest RP case 38 Not guilty 1 x rape RTO (length unspecified in remarks) Offender aged 18 years at time of offending, victim was aged 17 years Offender was aged 19 years at sentence Intellectual impairment Previous offending Rehabilitation to be given substantial weight RP case 41 Guilty 1 x rape IRTP – 3 years Offender aged 39 years, victim was 32 year old sister
Sentencing%20of%20Offenders%20Sexual%20Penetration%20with%20a%20Child%20under%2012_0.docx