Read the full judgment text of DCCC 773/2010 on BabelCite. This District Court judgment was delivered on 1 March 2011 before H H Judge Geiser.
Criminal law – false imprisonment – indecent assault – sentencing – breach of trust as aggravating feature – concurrent and consecutive sentences – victim lured to warehouse by false pretence – victim detained for approximately 5 hours with hands tied behind her back and gagged – whether starting point for false imprisonment should be uplifted to reflect breach of trust – held: starting point of 2 years uplifted by 1 year to 3 years for breach of trust arising from sworn father–sworn daughter relationship established shortly before the offence – whether sentences on three indecent assault counts should be concurrent or consecutive to false imprisonment – held: 3 years on each indecent assault count, concurrent with each other as part of the same incident, but consecutive to the false imprisonment – total sentence: 6 years' imprisonment – application for leave to appeal against sentence later dismissed in CACC 107/2011
Legal issues: Sentence for false imprisonment including uplift for breach of trust · Sentence for each count of indecent assault · Whether sentences on indecent assault charges should be consecutive or concurrent to the false imprisonment sentence
Outcome: Defendant sentenced to a total of 6 years' imprisonment: 3 years on Charge 1 (false imprisonment), with 1 year uplift for breach of trust; 3 years on each of Charges 2, 3 and 4 (indecent assault), concurrent with each other but consecutive to Charge 1.