R v Taupe (No 2) [2013] NSWDC 330

District Court New South Wales

Medium Neutral Citation: R v Taupe (No 2) [2013] NSWDC 330 Decision date: 05 April 2013 Before: Cogswell SC DCJ Decision: Aggregate sentence of 3½ years imprisonment, non-parole period of 21 months. Catchwords: CRIMINAL LAW - Particular offences - aggravated sexual assault - three assaults against same child victim when victim aged 12 to 15 - victim offender's stepdaughter. Sentence - gravity - digital penetration less serious form of penetration than penile penetration - each offence spontaneous, opportunistic, brief - relevant factors - no criminal record - good prospects of rehabilitation - likelihood of re-offending low - character of less weight - remorse - no acceptance by offender of responsibility for his actions - offender treated by a psychologist for last 3 years - depression given less weight because acted with knowledge - treating psychologist's report given greater weight - report grounded finding of special circumstances. Legislation Cited: Crimes Act 1900 (NSW) s 66C. Crimes (Sentencing Procedure) Act 1999 (NSW) ss 21A, 53A. Cases Cited: Benitez v R [2006] NSWCCA 21; 160 A Crim R 166. Dinsdale v The Queen [2000] HCA 54; 202 CLR 321. Dousha v R [2008] NSWCCA 263. SDS v R [2009] NSWCCA 159. R v Wright (1997) 93 A Crim R 48. Category: Sentence Parties: Regina (Crown) Peter Taupe (Offender) Representation: Counsel: CC Patrick (Crown) B O'Reilly (Offender) Solicitors: Office of the Director of Public Prosecutions (Crown) Kernaghan and Associates (Offender) File Number(s): DC 2011/00018805 Publication restriction: Pursuant to s 578A of the Crimes Act 1900 there is to be no publication of the victim's name or anything that may lead to identification of the victim. Identifying information has been removed from this version of the judgment to comply with the statute and, in some cases, replaced with pseudonyms (which are colours).