District Court
New South Wales
Medium Neutral Citation: R v Abarra [2025] NSWDC 191 Hearing dates: 28 April 2025 Date of orders: 21 May 2025 Decision date: 21 May 2025 Jurisdiction: Criminal Before: Montgomery DCJ Decision: (1) You are convicted.
(2) You are sentenced to a term of imprisonment of 16 years and 6 months commencing 28 August 2023 and expiring on 27 February 2040 with a non-parole period of 11 years and 1 month expiring on 27 September 2034.
(3) You will become eligible for release to parole on 27 September 2034.
(4) As the offences occurred while the Victims and Offender were in a domestic relationship and were domestic violence offences as per s 11(1)(a) of the Crimes (Domestic and Personal Violence) Act 2007 (NSW), I direct, pursuant to ss 9(1) and 9(2) of that Act, that the offences are to be recorded on the Offender’s criminal record as domestic violence offences.
(5) You must comply with all reasonable directions of the Community Corrections Service.
(6) I recommend that on release to parole:
(a) you be referred to psychological assistance for further assessment related to your dynamic risk factors of reoffending and identification of appropriate interventions;
(b) you be referred to a general practitioner, registered medical officer, for the purpose of obtaining a Mental Health Care Plan and further psychological support in the community;
(c) you be subject to supervision of Community Corrections including verification checks of your community supports, NSW Police CPR program facilitators and external service providers, as required, to monitor your behaviour in the community and your participation in offence targeted interventions and any required treatments. I recommend you be categorised as a serious sex offender under the Crimes (High Risk) Act 2006 and mandatory electronic monitoring conditions be included in your parole;
(d) you not be permitted to be in the company of a female person under the age of 16 years unless accompanied by a responsible adult as determined by your Community Corrections Supervisor;
(e) you not be permitted to engage with written or electronic communication (including by social media) with any female person under the age of 16 years, other than those approved by your Community Corrections Supervisor; and
(f) in the event that you are released from immigration detention, or are otherwise in the community, that you must report to Community Corrections in NSW within 7 days.
Catchwords: CRIME – Sentence – Pleas of Guilty – 4 offences of sexual intercourse with child under the age of 10 years, namely 8 and 9 years, against s 66A(1) Crimes Act 1900 (NSW) – 4 offences of sexual intercourse with child under the age of 14 years, namely 10 and 11 years against s 66C(2) Crimes Act 1900 (NSW) – 1 offence of common assault against s 61 Crimes Act 1900 (NSW) – aggravation of abuse of position of authority by action in breach of position of trust – principles – s 66C(2) – aggravation by abuse of position of trust or authority…
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- AGLC
- R v Abarra [2025] NSWDC 191
- Case
- [2025] NSWDC 191
- Decision Date
CaseChat Overview and Summary
The court carefully considered the aggravating factors, noting the respondent's position of trust as the victims' mother's partner and the timing of the offences while she was absent. The court acknowledged the seriousness of the offences and the impact on the victims. The court applied the relevant sections of the Crimes (Sentencing Procedure) Act 1999 (NSW) and considered the indicative sentences for each offence, ultimately imposing an aggregate sentence of 16 years and 6 months imprisonment with a non-parole period of 11 years and 1 month. The court also directed that the offences be recorded as domestic violence offences under the Crimes (Domestic and Personal Violence) Act 2007 (NSW).
The court further outlined specific parole conditions, including mandatory electronic monitoring, restrictions on contact with minors, and requirements for psychological assessment and treatment. The respondent was also recommended to be categorised as a serious sex offender under the Crimes (High Risk) Act 2006 and to comply with ongoing supervision by Community Corrections. The court emphasised the need for the respondent to address their dynamic risk factors to prevent reoffending.
The court concluded by making several orders, including the conviction of the respondent, the sentence of imprisonment, the recording of the offences as domestic violence, and specific parole conditions to ensure public safety and the rehabilitation of the respondent.
Orders
Orders of the court
(1) You are convicted.
(2) You are sentenced to a term of imprisonment of 16 years and 6 months commencing 28 August 2023 and expiring on 27 February 2040 with a non-parole period of 11 years and 1 month expiring on 27 September 2034.
(3) You will become eligible for release to parole on 27 September 2034.
(4) As the offences occurred while the Victims and Offender were in a domestic relationship and were domestic violence offences as per s 11(1)(a) of the Crimes (Domestic and Personal Violence) Act 2007 (NSW), I direct, pursuant to ss 9(1) and 9(2) of that Act, that the offences are to be recorded on the Offender’s criminal record as domestic violence offences.
(5) You must comply with all reasonable directions of the Community Corrections Service.
(6) I recommend that on release to parole:
(a) you be referred to psychological assistance for further assessment related to your dynamic risk factors of reoffending and identification of appropriate interventions;
(b) you be referred to a general practitioner, registered medical officer, for the purpose of obtaining a Mental Health Care Plan and further psychological support in the community;
(c) you be subject to supervision of Community Corrections including verification checks of your community supports, NSW Police CPR program facilitators and external service providers, as required, to monitor your behaviour in the community and your participation in offence targeted interventions and any required treatments. I recommend you be categorised as a serious sex offender under the Crimes (High Risk) Act 2006 and mandatory electronic monitoring conditions be included in your parole;
(d) you not be permitted to be in the company of a female person under the age of 16 years unless accompanied by a responsible adult as determined by your Community Corrections Supervisor;
(e) you not be permitted to engage with written or electronic communication (including by social media) with any female person under the age of 16 years, other than those approved by your Community Corrections Supervisor; and
(f) in the event that you are released from immigration detention, or are otherwise in the community, that you must report to Community Corrections in NSW within 7 days.
Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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