CDirector of Public Prosecutions v Hartley
[2025] VCC 1640
•10 November 2025
| IN THE COUNTY COURT OF VICTORIA AT MELBOURNE CRIMINAL DIVISION | Revised Not Restricted Suitable for Publication |
CR-25-01126
| DIRECTOR OF PUBLIC PROSECUTIONS (Cth) |
| v |
| DAMIEN HARTLEY |
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JUDGE: | HER HONOUR JUDGE BRECKWEG | |
WHERE HELD: | Melbourne | |
DATE OF HEARING: | 2 October 2025 | |
DATE OF SENTENCE: | 10 November 2025 | |
CASE MAY BE CITED AS: | CDPP v Hartley | |
MEDIUM NEUTRAL CITATION: | [2025] VCC 1640 | |
REASONS FOR SENTENCE
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Subject:SENTENCE – CRIMINAL LAW
Catchwords: Using a carriage service to cause child abuse material to be transmitted to himself - Possess or control child abuse material obtained or accessed using a carriage service
Legislation Cited: Criminal Code (Cth); Sex Offender Registration Act 2004 (Vic)
Cases Cited:DPP v Latham [2009] TASSC 101; R v Richard [2011] NSWSC 866; R v De Leeuw [2015] NSWCCA 183; Hurt v The King; and Delzotto v The King [2024] HCA 8; Walker v The Queen [2008] NTCCA 7; DPP (Cth) v Garside [2016] VSCA 74; Heathcote (a pseudonym) v The Queen [2014] VSCA 35; Heathcote (a pseudonym) v The Queen [2014] VSCA 35; Alison (a pseudonym) v The Queen [2021] VSCA 308.
Sentence: Total effective sentence of five and a half years imprisonment; non-parole period of three and a half years imprisonment; 256 days of presentence detention reckoned as served; sex offender registration for life; 6AAA declaration – total effective sentence of seven years imprisonment.
APPEARANCES: | Counsel | Solicitors |
| For the Director of Public Prosecutions (Cth) | Ms L. Skoblar | Office of Public Prosecutions (Cth) |
| For the Accused | Mr J. Barrera | Johnstone & Reimer Lawyers |
HER HONOUR:
Introduction
1Damien Hartley, you have pleaded guilty to:
One charge of using a carriage service to cause child abuse material to be transmitted to yourself, contrary to s474.22(1) of the Criminal Code (Cth) ('the Code')
Charge 2, possess or control child abuse material obtained or accessed using a carriage service, again contrary to s474.22A(1) of the Code.
2Each charge carries a maximum penalty of 15 years' imprisonment. A mandatory minimum head sentence of four years' imprisonment also applies on each charge.[1]
[1] s16AAB Crimes Act 1914 (Cth)
3You have admitted your criminal record.
Circumstances of the offending
4The agreed facts of your offending are set out in the summary of prosecution opening. In summary, on 19 February 2025, information was received by the Victoria Police Proactive Targeting Team in relation to your involvement in using a carriage service for child abuse material. On 27 February 2025, search warrants were executed at the address where you resided with your mother, and an Apple iPhone 16 Pro was located on the bed in your bedroom.
5You provided the passcode for the iPhone in compliance with a s3LA order.
6Initial analysis of your iPhone indicated the presence of images and videos depicting child abuse material and you confirmed that there was child abuse material stored in the 'hidden' folder within the gallery application.
7Subsequent forensic analysis of your iPhone revealed that:
a) You communicated with Telegram user 'Alone' between 15 January and 24 February 2025 and you obtained child abuse material from him and discussed making payments to him for the material.
b) There were 651 child abuse images and 340 child abuse videos located in your iPhone 'hidden' folder.
c) You obtained 271 of the child abuse videos from Telegram.
Record of Conversation
8During the execution of the search warrant, you participated in a record of conversation with police during which you made admissions to possessing child abuse material and obtaining child abuse material via Telegram. You told police:
a) Child abuse material would be found 'on my device'.
b) There will be a range of child abuse material on your device and that in relation to quantity, 'there is a fair whack'.
c) The child abuse material is saved under the 'hide' folder on the device.
d) You did not exchange child abuse material but paid for it using PayPal.
e) You purchased the child abuse material from a person on Telegram.
f) You paid the person on Telegram who was using the username 'Alone' for the material and you had been doing so for the last few weeks.
g) You did not know where the person you purchased the child abuse material from resides.
h) You had 'no idea' exactly how many videos and images you had saved, and you did not know how many times you purchased child abuse material from 'Alone' but it was a 'few times' and you did not purchase child abuse material from anyone else.
i) You received some child exploitation material you did not purchase.
j) You had not been purchasing material from 'Alone' for long, 'a couple months'.
k) You understood child abuse material is bad 'because you're abusing kids'.
l) You said you did not look at the child abuse material on your phone much, maybe once a week and nobody else has access to your phone.
m) 'Alone' first contacted you on Instagram and: 'He just said, you know 'if you want videos send money' and I only did it a couple of times, but a lot of the times he'd just send them through for free'.
n) In relation to having child abuse material on your iPhone you said: 'Yeah, I did it, yeah. I've done it. I've done it. It's on the phone.'
Charge 1 – Use carriage service to cause child abuse material to be transmitted to yourself
9Charge 1 covers child abuse material you obtained from 'Alone' between 15 January and 24 February 2025 using the messaging service Telegram. You paid 'Alone' for the material.
10Examples of communications between you and 'Alone' include:
a) On 7 February 2025, you sent 'Alone' a message: 'Hello my friend, still having problems with my pay. I will send 75 instead of 65. Can you send - can you send me some good clear videos, really good long ones xxoo. You know I will pay'.
b) On 13 February 2025, you sent 'Alone' messages: 'I've got the last one my friend' and 'any more my friend', to which 'Alone' responded on 15 February: 'OK dear one' and forwarded digital media files to you.
c) On 24 February 2025, you sent 'Alone' a message: 'Hello my dear friend. Instead of 50, how about I give you 60 for a few more videos. I will pay you on Friday morning' and 'Alone' responded: 'dear 60$' and forwarded two attachments.
11In total, you obtained 271 child abuse materials through Telegram user 'Alone' and this material was stored in the 'hidden' folder on your iPhone.
Charge 2 - Possess child abuse material obtained or accessed using a carriage service
12Charge 2 covers 991 child exploitation files located in the 'hidden' folder of your iPhone which you possessed at the execution of the search warrant. The material covers 651 child abuse material images and 340 child abuse material videos.
13 The 340 child abuse videos include the 271 child abuse videos that constitute Charge 1.
14The child abuse material consisted of male and female children aged from approximately less than one year old to 15-years-old, engaging in sexual acts (sexual intercourse, oral sex, masturbation and bondage) with adult males or being subjected to sexual acts by adult males whilst appearing to be asleep or unconscious.
Personal circumstances
15You were born in in Maidstone and have lived there your entire life. You were raised by your parents and have two sisters and a younger brother. You said you had a generally good childhood, were not neglected or uncared for and you played a lot of sport. You were close to your siblings but have not had contact with your eldest sister for over a year due to matters unrelated to the charges against you. Your other siblings are aware of the charges and remain supportive of you. You had a very close relationship with your father and his death in 2022 was very traumatic for you and led to your relapse into substance abuse. After your father died you took on the role of primary caregiver for your mother who is aged 81. You resided with her before your arrest, and you have a strong relationship. She knows of the charges against you, remains supportive of you and she visits you in custody.
16You were educated at Footscray primary school until Year 5. At age five you were diagnosed with autism spectrum disorder. You transferred to another school to compete Grades 5 and 6 where you received extra support. You said you were not bullied and maintained some limited friendships. You went to Maribyrnong High School in Year 7 but transferred to Buckley Park in Year 8 after engaging in problematic behaviour. You repeated Year 9. You had behavioural problems due to the bad influence of your peer group, your attendance was poor, and you were suspended several times. You left school during Year 10 without finishing secondary school.
17When you were 16 you worked in a variety of jobs and from 17 to 21 you worked at a factory. You were then unemployed for four years. When you were around 25 you commenced employment at Footscray Hospital as a pharmacy technician, and you later transferred to the Royal Melbourne Hospital where you worked as a storeman. During your employment history you worked at several hospitals and stayed working in the hospital system for 21 years. You stopped working at age 44 as you said you needed to care for your parents, and you were also diagnosed with bi-polar disorder which impacted your ability to work. You have received disability support pension since you ceased working.
18You are heterosexual and had your first significant relationship from 15 to 20. You have no children and have been single for around five years. You have had many non-intimate friendships over the years, and you remain in contact with some former workmates from the hospital system, but your primary support is your mother. You said your friends were supportive, but they were not always positive influences given their regular drug and alcohol use and that you have always been susceptible to peer influence and encouragement. You said you are embarrassed by your offending, and your friends would not condone it.
19In terms of your drug and alcohol use, you first began drinking at age 14. Over the last 10 to 12 years your alcohol use has escalated to daily use, and you have experienced withdrawal symptoms since entering custody. You used cannabis about once per month prior to your arrest. During your 30s and early 40s you occasionally used methamphetamines but from age 42 to 46 you were using this drug daily. You ceased use between 2019 and 2022 but following your father's death you restarted and from 2022 until your arrest in 2025 you were using one to two grams per day when it was available, often with alcohol. You also have a history of using GHB, Xanax and Valium but ceased prior to your offending. When you were remanded, you said you experimented with buprenorphine but ceased when transferred to Ravenhall. You have not had treatment for alcohol or drug misuse, but you have completed an Ice and Me program in custody.
Character references
20Your sister Kylie Ryan provided a character reference on your behalf. She wrote that you worked as a pharmacy technician for almost 20 years and were known in the community as a kind, thoughtful and supportive man. She said you have struggled with your mental health from a young age and at age five you could not speak so were taken to a child psychiatrist and speech therapists and you eventually learned how to speak. Your sister wrote that she believed you resorted to taking drugs and alcohol use after a doctor who was treating you moved away, and your personal issues escalated further after the passing of your father in 2022.
21Ms Ryan wrote that you have tried to end your life on many occasions and on one attempt it was believed you would die. After your father's death in 2022 your sister said your mental health problems deteriorated further, and your mother attempted to obtain psychiatric treatment for you, but shortages and funding cuts made this difficult. Your drug and alcohol use increased to daily use at this time. Your sister said she and your mother visit you regularly, they can see a change in your attitude and believe if you receive the mental health treatment you have not been given, you can get your life together.
22Mr Kameel Anton also provided a character reference for you. He wrote that he has known you as a customer for more than 20 years and considers you to be a man of high integrity and honesty. He said you were competent, have an excellent rapport with people and have been taking care of your mother. He did not make any reference to the charges you are pleading guilty to.
Sentencing Principles
23The applicable sentencing principles and factors in sentencing for offending involving child abuse material are uncontroversial and well established, and I have set those out in the reasons, but I do not see the need to repeat them here.
24I have also had regard, in addition to those principles, to the matters applicable in sentencing for Commonwealth offences. Section 16A(1) of the Crimes Act provides that a court must impose a sentence or an order that is of an appropriate severity in all the circumstances of the offending, and s16A(2) sets out a non-exhaustive list of factors that must be taken into account as far as these are relevant and known to the court. I have had regard to the following factors set out in s16A(2):
Nature and circumstances of the offence
25As your counsel accepted during the plea, your offending is very serious.
26You have pleaded guilty to two charges covering two different types of offending, namely, possessing and causing child abuse material to be transmitted to you.
27You were in possession of 991 items of child abuse material comprising 651 images and 340 videos. These were stored in your iPhone 'hidden' folder. You obtained 271 child abuse videos from 'Alone'. This is not an insignificant quantity, and whilst it is perhaps towards the lower end compared to other cases involving much larger collections, it must be stressed that quantity is a secondary indicator of the seriousness of offending. The primary indicator is the type of material and its degree of depravity[2] and the material you accessed and possessed was certainly highly depraved.
[2] DPP v Latham [2009] TASSC 101, [35].
28Charge 1 is a 'rolled up' charge encompassing several instances of separate offending, each capable of constituting a separate offence, so the criminality involved in the charge is greater than with a charge involving only one episode of criminal conduct.[3]
[3] R v Richard [2011] NSWSC 866, at [65(f)]; R v De Leeuw [2015] NSWCCA 183, [116].
29You were very active in your dealings with 'Alone', including discussing the price for child abuse material and payment dates.
30You paid for the material, or at least most of it, that you received from 'Alone'. You were an active and not simply a passive participant in the child abuse market. You requested, paid for and received material which is actively contributing to the expansion of the market.
31The content of the material involved in the charges is abhorrent and highly depraved. Some specific descriptions have been set out in the appendix to the summary of prosecution opening which I will not repeat here.
32Your offending was not opportunistic or isolated and extended over some weeks.
33Many different child victims were depicted in the material and each of those children is presumed to have suffered harm.
34I assess your moral culpability for the offending as high, especially given your prior conviction and your clear knowledge of the wrongfulness of your actions.
35I accept that you did not further transmit the material you received or try to resell it to others which would aggravate the offending.
36The maximum penalty for the charges is 15 years' imprisonment, which is an unequivocal indicator of the seriousness of those charges in the view of parliament.
37In your case, mandatory minimum head sentences of four years' imprisonment also apply to both charges because pursuant to s16AB of the Crimes Act you are a person convicted of two Commonwealth child sex abuse offences who has previously been convicted of a child sexual abuse offence. This arises from your conviction in the Sunshine Magistrates Court on 12 December 2019 of knowingly possessing child abuse material. You were placed on a 24-month community correction order at that time.
38As the crown helpfully set out, in Hurt v The King; and Delzotto v The King,[4] the High Court determined that sentencing for a statutory mandatory minimum sentence in s16AB of the Act should be approached in the same way as a statutory maximum penalty in that they both fix 'ends' of the sentencing yardstick – the mandatory minimum sets the beginning of the yardstick within which a court is to exercise its discretion to determine the appropriate sentence.[5] As a yardstick, the mandatory minimum imposes an increased starting point for the appropriate term of imprisonment for an offence in the least serious circumstances and operates to increase the appropriate term of imprisonment generally for that offence.[6]
[4] [2024] HCA 8 (Hurt and Delzotto).
[5] Hurt and Delzotto, [90].
[6] Hurt and Delzotto, [54].
Possible reductions to mandatory minimum head sentences
39I may use ss16AAC(2) and (3) of the Act to impose a sentence less than the mandatory minimum where it is necessary to do so to give adequate recognition to your plea of guilty and/or cooperation of the kind specified in s16AAC(2)(b) of the Act[7]. The provisions allow a maximum reduction to the minimum term of 25 per cent to allow for a guilty plea pursuant to s16A(2)(g) of the Act, and by up to 25 per cent to allow for any cooperation where the level of offending prevents these discounts being applied.
[7] That is, for cooperation with the investigation of the offence for which the person is being sentenced or another Commonwealth child sex offence, but it does not include future cooperation.
40In Hurt and Delzotto,[8] the majority held that it is 'legitimate' for a court to first determine a 'prima facie sentence with the use of the prescribed minimum sentence as a yardstick, prior to considering the discount'. In other words, the court should first engage in an instinctive synthesis of all relevant factors, except for the plea of guilty and any co-operation; it should then proceed to separately consider ss16A(2)(g) and (h) factors; and only then determine whether the s16AAC mechanism is required to move below the prescribed mandatory minimum term. Accordingly, a s16AAC reduction will ordinarily only be appropriate where the prima facie sentence determined falls within, or close to, the 'least serious circumstances'.[9]
[8] Hurt and Delzotto, [104].
[9] Hurt and Delzotto, [54].
41The principles relevant to the setting of minimum terms have not been altered by the introduction of the mandatory minimum sentencing regime.
16A(2)(g) Plea of guilty
42You have pleaded guilty to the charge at the earliest reasonable opportunity. You did not run a committal hearing. Your plea warrants a clear reduction in the sentence to be imposed to reflect its utilitarian value in saving the community the time and expense of a trial and witnesses from having to give evidence and to reflect its demonstration of acceptance of responsibility, willingness to facilitate the course of justice and remorse.
16A(2)(f) Contrition
43In your case, I am satisfied that you have also demonstrated remorse for your offending over that reflected by your plea alone. Your contrition for the offending is evident from your admissions and the remorse you expressed to your mother and to Ms Fahkri, describing your feelings of deep regret as you now recognise that the children in the material you obtained and possessed suffered harm, and you feel great shame for your actions.
16A(2)(h) Degree of co-operation
44I have given weight to your co-operation with police to the extent that you admitted your offending, provided your passcodes for your devices (notwithstanding the existence of a s3LA order) and you consented to the forfeiture of your iPhone. You did not, however, provide much information to police about 'Alone' who you got child abuse material from, apart from identifying the length of your communications.
16A(2)(j) Specific Deterrence
16A(2)(k) Need for Adequate Punishment
45Specific deterrence, denunciation, punishment, and protection of the community are very important considerations in sentencing for offending involving child abuse material.[10]
[10] Walker v The Queen [2008] NTCCA 7 at [34]; R v Gent (2005) 162 A Crim R 29 at [65].
46I have had regard to the need to deter you personally from further offending of this type. You have a prior conviction for possessing child pornography material and past punishment has not deterred you from reoffending. You reoffended when you were subject to sex offender reporting requirements. I was told that you undertook some offending behaviour programs as part of your CCO, but these did not prevent you from reoffending. You knew what you were doing was wrong, yet you still offended in largely the same way. I accept you are remorseful but, in my view, this does not diminish the strong weight that must be given to specific deterrence in your case.
47I have also had regard to the requirement that you be adequately punished for your offending and to denounce your offending.
16A(2)(ja) General Deterrence
48As noted earlier, general deterrence is the primary sentencing consideration for offending involving child abuse material given the prevalence and ready availability of this material and the need to protect children from sexual abuse.[11] Where general deterrence is primary, personal mitigatory factors such as prior good character, age, prospects of rehabilitation, etc, must therefore be given less weight than might otherwise be given.[12]
[11] DPP (Cth) v Garside [2016] VSCA 74; DPP (Cth) v Zarb [2014] VSCA 347; R v De Leeuw [2015] NSWCCA 183 at [116].
[12] Heathcote (a pseudonym) v The Queen [2014] VSCA 35 [at 35]; DPP (Cth) v Thomas [2016] VSCA 237 at [193]; Gajjar v R (2008) 192 A Crim R 76 at [27-28.]
16A(2)(m) Character, antecedents, age, means and physical or mental condition
49You were 51 at the time of the offending and are now 52.
50As stated above, you have a relevant prior conviction. On 12 December 2019, you were convicted of knowingly possessing child abuse material and placed on a community correction order for two years. You have no subsequent or outstanding matters.
51I have had regard to the contents of a psychological report from Ms Rebecca Fakhri dated 3 September 2025 who made a provisional diagnosis of autism spectrum disorder (ASD) but she stressed that formal assessment is required and a full ASD diagnosis may not be appropriate in your case. Similarly, she raised the plausibility of a diagnosis of Bipolar 1 but concluded that given the overlap of symptoms of this disorder with other disorders, such as substance use giving rise to mood instability, formal diagnosis is complicated. She opined that you present with severe major depressive disorder and severe stimulant and alcohol use disorders. She concluded that your offending appears to be triggered by your substance abuse which disinhibits you and amplifies your underlying cognitive and emotional vulnerabilities. This opinion was strengthened in her view by the fact that when sober you can recognise the harmfulness of your actions on victims and feel remorse.
52You have no diagnosed psychological disorder such that Limbs 1 to 4 of R v Verdins[13] apply to reduce your moral culpability for the offending or the weight to be given to the principles of general and specific deterrence. Nor did your counsel rely on these limbs. I accept the opinion of Ms Fahkri that Verdins Limb 5 applies in your case and imprisonment may be more burdensome for you than on another prisoner given your major depressive disorder, emotional reliance on your family and your psychological vulnerability, notwithstanding the absence of formal psychiatric illness. I accept the prosecution argument that Verdins Limb 6 is not enlivened in your case. There is nothing in the report of Ms Fahkri or otherwise that clearly points to the possibility that your mental condition will substantially worsen or deteriorate in custody. The evidence at hand suggests that your mental condition is being well managed, your medication has been decreased, and you are progressing well – indeed, you are now living in a less restrictive lodge environment.
[13] (2007) 16 VR 269
53I do, however, give some very modest weight to your mental health background and presentation insofar as you have a history of suicide attempts and severe anxiety and depression. I also give some weight to the fact that imprisonment will weigh heavily on you because of your separation from, and concern for, your mother who is now aged 81 and you were her primary carer.
16A(2)(n) Prospects of rehabilitation
54As noted earlier, you have a prior conviction for possessing child pornography material and past punishment has not deterred you from reoffending. You reoffended when you were subject to sex offender reporting requirements. You had strong family support. You knew what you were doing was wrong, yet you still offended in largely the same way. The material you obtained demonstrates a 'serious level of sexual deviance' in the opinion of Ms Fahkri. She also assessed you as presenting with a moderate risk of reoffending.
55Against this you still have strong family support, some pro social connections and have expressed remorse. You recognise the harm your offending causes the victims depicted in the material and that you are motivated to undergo treatment. Your counsel submitted that you have demonstrated in the past that you can remain drug free, you are now in remission for your substance abuse disorders in the controlled prison environment, and that by the time you are released from custody you will have had a longer period of abstinence which bodes well for your risk of reoffending and prospects of rehabilitation, which he submitted were reasonable.
56In my view, your prospects of rehabilitation will depend very much on your ability to abstain from using drugs and alcohol and on you completing structured offence specific treatment which is typically a lengthy therapeutic process. You require further sustained treatment for substance use issues and general mental health given your offending occurs when you have impulse control issues, especially when you are under the effects of drugs or alcohol or more serious depression. As Ms Fahkri opined, you are vulnerable to relapsing into drug use, and this is exacerbated by the absence of any clear plan in terms of future employment or expansion of your support network. It is very concerning that you have reoffended in the same way despite past punishment and I assess you as having fair or reasonable prospects of rehabilitation at this point.
57I have had regard to s16A(2AAA) of the Act which provides that when sentencing for a Commonwealth child sex offence (here both charges), in addition to any other matters, I must have regard to the objective of rehabilitating you, and I do so. You have not engaged in significant treatment yet and it is imperative that you do so if you are to achieve any rehabilitation. You understand the harm your offending causes and have expressed remorse and disgust, but you knew this when you were last convicted, and you require sex offender specific treatment and further treatment to address your substance use disorders. I also note that the objective of rehabilitating you does not operate to swamp the primacy to be given to principles of general and specific deterrence and the need to protect the community, and I must also impose a sentence which adequately reflects the seriousness of your offending.
Totality and cumulation
58Section 19(5) of the Act provides a presumption in favour of full cumulation between sentences imposed for Commonwealth child sex offences, although s19(6) permits the court not to impose full cumulation if, in all the circumstances, this will still result in appropriately severe sentences. I will not impose complete cumulation between the charges, nor did the prosecution suggest I should do so, as to do so would breach the principle of totality and I am able to construct a sentence of appropriate severity without needing to impose wholly cumulative sentences.
59Your counsel submitted that I must be mindful of the need to avoid double punishment in your case as the material you caused to be sent to you is also included in the number of items in your possession the subject of a separate charge. I accept that submission, however, the fact that an overlap exists does not preclude me being mindful of the principles of totality and proportionality and the need to avoid imposing a crushing sentence, from imposing a modest degree of cumulation between the charges to reflect the different and discrete types of offending with each charge being directed at different vices, having different elements, and warranting a degree of separate punishment. As stated in Alison (a pseudonym) v The Queen[14] offences such as accessing (here, similarly, causing to be transmitted) and possessing child abuse material are aimed at different behaviours and have different elements. The court held further that access offences focus on the activity of intentionally searching for, locating and viewing child abuse material. In contrast, the possession offence involves an additional step, namely, that the material accessed is kept for ongoing or future use, which can include viewing, distribution, sharing or sale.
[14] [2021] VSCA 308, [44-45].
Comparative sentences
60I was referred to three intermediate appellate sentences for offences involving mandatory minimum sentences in the prosecution written submissions, which I have had regard to. These sentences are of assistance in illustrating the relevant sentencing principles, and they are of some utility in the present sentencing exercise. However, as frequently occurs, it is very difficult to find cases of sufficient factual similarity to be of any substantive assistance and so each case must be decided on its own facts and circumstances.
Submissions on sentence
61Your counsel accepted that in your case a mandatory head sentence of four years' imprisonment applies to each charge. He submitted, however, that the sentences I impose could go below the prescribed mandatory minimums by up to 25 per cent to reflect your plea of guilty and by up to 25 per cent to reflect your co-operation by making full admissions. In terms of the degree of reduction for these factors, your counsel did not submit that they would be such as to mean a non-parole period was not imposed. That is, the total effective sentence imposed would still exceed three years' imprisonment, as I understood his submission.
62The prosecution submitted that the objective seriousness of your offending on each charge is not at the lowest end of seriousness and accordingly it is not necessary for me to utilise the reductions in ss16AC(2) and (3) of the Act to move below the mandatory head sentence. The prosecution accepted that you entered a plea at the earliest opportunity and made full admissions, however, the applicable sentencing yardstick of between four and 15 years provides sufficient scope to accommodate the objective considerations and all mitigating factors you rely on without needing to go below the mandatory minimum head sentence.
63I have endeavoured to balance the very serious nature of your offending and the strong need for general and specific deterrence, just punishment and denunciation in your case with your fair prospects of rehabilitation, guilty plea, remorse and the need to promote your rehabilitation.
64In determining the sentences to be imposed on Charges 1 and 2, which both carry mandatory minimum head sentences of four years' imprisonment, having regard to the seriousness of your offending – which in my view falls above (albeit not significantly) that which may be contemplated as being in the 'least serious circumstances', I do not need to use s16AC to impose a sentence below the prescribed mandatory minimum head sentence. I can accommodate discounts for your plea of guilty under s16A(2)(g) and your co-operation under s16A(2)(h) within the available sentencing yardsticks of four to 15 years.
Sentence
65On Charge 1, you are convicted and sentenced to four years and three months' imprisonment. I direct that the sentence commences today, 10 November 2025.
66On Charge 2, you are convicted and sentenced to four years' imprisonment. I direct that the sentence commences 18 months prior to the expiration of the sentence imposed on Charge 1.
67That results in a total effective sentence of five and a half years' imprisonment.
68I set a non-parole period of three and a half years' imprisonment.
69I declare pursuant to s18E of the Sentencing Act that you have served 256 days pre-sentence detention, from your arrest on 27 February 2025, excluding today.
70As you have been convicted of two or more Class 2 offences listed in Schedule 2 of the Sex Offenders Registration, and you have a prior conviction for a Class 2 offence, you are required to comply with reporting obligations for life.[15]
[15] s 34(1)(c)(i)
71Pursuant to s6AAA of the Sentencing Act, but for your plea of guilty I would have imposed a total effective head sentence of seven years' imprisonment with a non-parole period of four and a half years.
72HER HONOUR: Yes, thank you very much Ms Skoblar. Thank you, I'm grateful for your assistance as always, and for your assistance as always too Mr Barrera.
73MR BARRERA: As Your Honour pleases.
74HER HONOUR: Thank you, I'll stand down.
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