Director of Public Prosecutions v Small (No 2)

In the case of Director of Public Prosecutions v Small (No 2) [2023] ACTSC 274, the offender, Thomas Lewyn Small, pleaded guilty to one offence of persistent sexual abuse of a child or young person, contrary to s 56(1) of the Crimes Act 1900 (ACT). The offending occurred over a period of approximately two and a half years, from when the victim was 11-12 years old until she was 13 years old. The Court was required to balance various sentencing objectives, including denunciation, deterrence, protection of the community, rehabilitation, and recognition of the harm done to the victim. The maximum penalty for the offence was seven years, which influenced the length of the sentence imposed. The Court considered the objective seriousness of the offence, the impact on the victim, and the subjective circumstances of the offender, including his mental health and history of substance abuse. The offender's guilty plea and remorse were also taken into account. Ultimately, the Court determined that a combination sentence, consisting of a term of imprisonment followed by a period of suspension on good behaviour, was the most appropriate form of sentence. The offender was sentenced to two years and 18 days’ imprisonment, reduced from two years and 6 months on account of his guilty plea, to commence on 28 September 2023 and conclude on 15 October 2025. The sentence imposed is to be suspended from 27 March 2024 (being a period of six months from today), and ending on 15 October 2025, upon the offender entering into a good behaviour order for the remainder of the term of the sentence. The offender is required to sign an undertaking to comply with the Good Behaviour obligations under s 85 of the Crimes (Sentence Administration) Act 2005 (ACT) including the core conditions set out in s 86 of that Act and that he accept such supervision for the period deemed necessary by ACT Corrective Services, and the following additional conditions: (a) Pursuant to s 13(4)(c) of the Sentencing Act, a rehabilitation program condition targeting sex offending; (b) Pursuant to s 95 of the Sentencing Act, a probation condition.