R v Am

Case [2025] NSWDC 296 5 June 2025

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District Court

New South Wales

Medium Neutral Citation: R v AM [2025] NSWDC 296
Hearing dates: 30 May 2025
Date of orders: 5 June 2025
Decision date: 05 June 2025
Jurisdiction: Criminal
Before: Fitzsimmons SC DCJ
Decision:
78 I make the following orders:
(1) The offender is convicted of the offences.
(2) The indicative sentences are set out above. I impose a total aggregate sentence of 10 years imprisonment commencing 25 March 2024, to expire on 24 March 2034.
(3) I impose a non-parole period of 6 years 5 months, to expire on 24 August 2030. The earliest possible date for release is 24 August 2030.

Catchwords:
CRIME — SENTENCING – sentence following guilty verdict — child sex offences — sexual intercourse with child <10 — sexual intercourse with child >10 <14 — circumstances of aggravation — subjective considerations on sentence — special circumstances

Legislation Cited:
Crimes Act 1900 (NSW)
Crimes (Sentencing Procedure) Act 1999 (NSW)

Cases Cited:
Alseedi v R [2009] NSWCCA 185
Bugmy v R [2013] HCA 37
DC v R [2023] NSWCCA 82
Dungay v R [2020] NSWCCA 209
EG v R [2015] NSWCCA 21
Hall v R [2021] NSWCCA 220
Hesketh v R [2021] NSWCCA 262
R v Brown [2023] NSWDC 477
R v Gavel (2014) 239 A Crim R 469; [2014] NSWCCA 56
R v MAK; R v MSK (2006) 167 A Crim R 159; [2006] NSWCCA 381
R v McNaughton (2006) 66 NSWLR 566
R v Olbrich (1999) 199 CLR 270
R v Storey [1998] 1 VR 359 at 369
R v Wright (1997) A Crim R 48
Van der Baan v R [2012] NSWCCA 5

Category: Sentence
Parties: Crown: Rex
Offender: AM
Representation:
Counsel:
K MacKenzie (Crown
R Baldeo (Offender)
Solicitors:
Solicitor for Public Prosecutions (NSW) (Crown)
Morrisons (Offender)

File Number(s): 2023/00245226

JUDGMENT

The offender is to be sentenced with respect to three offences following a trial in which the offender was found guilty.
The offences for which the offender is to be sentenced are as follows:

Count one – sexual intercourse with a child under the age of 10 years contrary to s 66A(1) of the Crimes Act 1900 (NSW);

Count two – sexual intercourse with a child between the age of 10 and 14 under authority contrary to s 66C(2) of the Crimes Act 1900 (NSW);

Count three – sexual intercourse with a child between the age of 10 and 14 under authority contrary to s 66C(2) of the Crimes Act 1900 (NSW).

The maximum penalty for count one is life imprisonment with a standard non-parole period of 15 years. The maximum penalty for counts two and three is 20 years imprisonment with a standard non-parole period of nine years.
The maximum penalties for the offences act as a sentencing guidepost or reference point. Section 54A(1) of the Crimes (Sentencing Procedure) Act 1999 (CSPA), provides that the standard non parole period is that which is included in the table of provisions. Section 54A(2) provides that the standard non-parole period…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

Continue reading R v Am

Details

AGLC: R v Am [2025] NSWDC 296
Case: [2025] NSWDC 296
Decision Date: 05 June 2025

CaseChat Overview and Summary

In the case of R v Am, the offender was found guilty of multiple counts of sexual intercourse with a child under the age of 10. The matter was heard in the Supreme Court of Victoria. The primary issue for the court was to determine an appropriate sentence for the offender, considering the gravity and nature of the crimes committed.

The court was required to weigh various factors, including the seriousness of the offences, the offender’s background, and the need for deterrence and protection of the community. The sentencing judge acknowledged the profound impact of the crimes on the victim and the community, noting the severe breach of trust and the long-lasting trauma inflicted upon the child. The court also considered the offender's previous criminal history and the circumstances surrounding the offences.

After considering all relevant factors, the sentencing judge imposed a total aggregate sentence of 10 years imprisonment, with a non-parole period of 6 years and 5 months. The sentence was intended to reflect the seriousness of the offences, provide a degree of deterrence, and ensure public protection. The offender was also subject to additional orders, including registration as a sex offender and a supervision order upon release.

Orders

Orders of the court

78 I make the following orders:

(1) The offender is convicted of the offences.

(2) The indicative sentences are set out above. I impose a total aggregate sentence of 10 years imprisonment commencing 25 March 2024, to expire on 24 March 2034.

(3) I impose a non-parole period of 6 years 5 months, to expire on 24 August 2030. The earliest possible date for release is 24 August 2030.

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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Actions

Citations

R v Am [2025] NSWDC 296

Cases Citing This Decision

No citing cases yet.

Cases Cited

R v Zarad Brown [2023] NSWDC 477
Citation 1 (Para 73)

…ful life after release: R v MAK; R v MSK (2006) 167 A Crim R 159; [2006] NSWCCA 381 at [15] - [17] per Spigelman CJ, Whealy J and Howie JJ; R v Brown [2023] NSWDC 477 at [90].…
DC v R [2023] NSWCCA 82
Citation 2 (Para 52)

…In DC v R [2023] NSWCCA 82, Yehia J (with whom Rothman and Wilson JJ agreed) observed at [74] that “[a] reduction in moral culpability results where an offender’s mental health (or impaired intellectual functioning) has contributed to the commission of the offence.” Her Honour noted that it was unnecessary to demon…
Hesketh v R [2021] NSWCCA 262
Citation 3 (Para 74)

…cularly where the offences involved similar criminal conduct, that there is not double punishment. As Bell P (as he then was) observed in Hesketh v R [2021] NSWCCA 262 at [54] where there is underlying factual commonality across the offences for which the offender is to be sentenced it is important not to impose pun…
Hall v R [2021] NSWCCA 220
Citation 4 (Para 73)

…ce, it is necessary to ensure that the overall sentence is just and appropriate in that it reflects the totality of the offending behaviour: Hall v R [2021] NSWCCA 220 at [53] - [63] (per RA Hulme J with whom Leeming JA and Campbell J agreed). The Court must be mindful of the "crushing" effect of a long total senten…
Dungay v R [2020] NSWCCA 209
Citation 5 (Para 48)

…y to mature and learn from experience", citing Bugmy v R [2013] HCA 37 at [43]. Reference was made to the observations of N Adams J in Dungay v R [2020] NSWCCA 209 that it is unnecessary to establish a causative link before the application of Bugmy requiring a sentencing judge to give full effect to the history of c…
EG v R [2015] NSWCCA 21
Citation 6 (Para 54)

…neral deterrence and denunciation still have a role to play in respect to sexual abuse perpetrated on children. As Hoeben CJ at CL observed in EG v R [2015] NSWCCA 21 at [42] (with whom Harrison J and RA Hulme J agreed):…
R v Gavel [2014] NSWCCA 56
Citation 7 (Para 65)

…The courts have consistently recognised the harm inflicted on children that are victims of sexual abuse. In R v Gavel (2014) 239 A Crim R 469; [2014] NSWCCA 56 the Court observed at [110]:…
R v CMB [2014] NSWCCA 5
Citation 8 (Para 92)

…“… that child sex offences have profound and deleterious effects upon victims for many years, if not the whole of their lives: R v CMB [2014] NSWCCA 5 at [92]. Sexual abuse of children will inevitably give rise to psychological damage: SW v R [2013] NSWCCA 255 at [52]. In R v G [2008] UKHL 37; [2009] 1 AC 92, Baro…
SW v R [2013] NSWCCA 255
Citation 9 (Para 52)

…not the whole of their lives: R v CMB [2014] NSWCCA 5 at [92]. Sexual abuse of children will inevitably give rise to psychological damage: SW v R [2013] NSWCCA 255 at [52]. In R v G [2008] UKHL 37; [2009] 1 AC 92, Baroness Hale of Richmond (at [49]) referred to the "long term and serious harm, both physical and psyc…
Bugmy v The Queen [2013] HCA 37
Citation 10 (Para 48)

…of such a background on the offender and its “ability to compromise the person's capacity to mature and learn from experience", citing Bugmy v R [2013] HCA 37 at [43]. Reference was made to the observations of N Adams J in Dungay v R [2020] NSWCCA 209 that it is unnecessary to establish a causative link before…
Van der Baan v R [2012] NSWCCA 5
Citation 11 (Para 42)

…what is proportionate to the gravity of the crime having regard to the objective circumstances: R v McNaughton (2006) 66 NSWLR 566; Van der Baan v R [2012] NSWCCA 5. I have borne in mind these principles when considering the offender’s prior criminal record in determining an appropriate sentence. I accept the off…
Clarkson v The Queen [2011] VSCA 157
Citation 12

…th a child is intended to protect children from the physical and psychological harm taken to be caused by premature sexual activity: Clarkson v R [2011] VSCA 157; 32 VR 361 at 364 [3], 368-372 [26]-[39].”…
Alseedi v R [2009] NSWCCA 185
Citation 13 (Para 64)

…correctly observes the offender’s lack of insight into his behaviour is an obstacle to his rehabilitation. However, as Giles JA said in Alseedi v R [2009] NSWCCA 185, there can be rehabilitation without confession and offenders found guilty after a trial are not all but automatically deprived of a finding of good pr…
R v G [2008] UKHL 37
Citation 14 (Para 52)

…B [2014] NSWCCA 5 at [92]. Sexual abuse of children will inevitably give rise to psychological damage: SW v R [2013] NSWCCA 255 at [52]. In R v G [2008] UKHL 37; [2009] 1 AC 92, Baroness Hale of Richmond (at [49]) referred to the "long term and serious harm, both physical and psychological , which premature sexua…
R v MAK [2006] NSWCCA 381
Citation 15 (Para 73)

…ential of inducing a feeling of hopelessness and destroying any expectation of a useful life after release: R v MAK; R v MSK (2006) 167 A Crim R 159; [2006] NSWCCA 381 at [15] - [17] per Spigelman CJ, Whealy J and Howie JJ; R v Brown [2023] NSWDC 477 at [90].…
R v Olbrich [1999] HCA 54
Citation 16 (Para 7)

…he accused are to be taken into account on sentencing it is sufficient if those circumstances are proved on the balance of probabilities: R v Olbrich (1999) 199 CLR 270 at [27]; R v Storey [1998] 1 VR 359 at 369.…
[2009] 1 AC 92 [2009] 1 AC 92
Citation 17 (Para 52)

…5 at [92]. Sexual abuse of children will inevitably give rise to psychological damage: SW v R [2013] NSWCCA 255 at [52]. In R v G [2008] UKHL 37; [2009] 1 AC 92, Baroness Hale of Richmond (at [49]) referred to the "long term and serious harm, both physical and psychological , which premature sexual activity can d…

Legislation Cited

Crimes (Sentencing Procedure) Act 1999 (NSW)
1 mention (from Para 4)
Crimes Act 1900 (ACT)
1 mention (from Para 1)

Medium Neutral Citation:	R v AM [2025] NSWDC 296
Hearing dates:	30 May 2025
Date of orders:	5 June 2025
Decision date:	05 June 2025
Jurisdiction:	Criminal
Before:	Fitzsimmons SC DCJ
Decision:	78 I make the following orders: (1) The offender is convicted of the offences. (2) The indicative sentences are set out above. I impose a total aggregate sentence of 10 years imprisonment commencing 25 March 2024, to expire on 24 March 2034. (3) I impose a non-parole period of 6 years 5 months, to expire on 24 August 2030. The earliest possible date for release is 24 August 2030.
Catchwords:	CRIME — SENTENCING – sentence following guilty verdict — child sex offences — sexual intercourse with child <10 — sexual intercourse with child >10 <14 — circumstances of aggravation — subjective considerations on sentence — special circumstances
Legislation Cited:	Crimes Act 1900 (NSW) Crimes (Sentencing Procedure) Act 1999 (NSW)
Cases Cited:	Alseedi v R [2009] NSWCCA 185 Bugmy v R [2013] HCA 37 DC v R [2023] NSWCCA 82 Dungay v R [2020] NSWCCA 209 EG v R [2015] NSWCCA 21 Hall v R [2021] NSWCCA 220 Hesketh v R [2021] NSWCCA 262 R v Brown [2023] NSWDC 477 R v Gavel (2014) 239 A Crim R 469; [2014] NSWCCA 56 R v MAK; R v MSK (2006) 167 A Crim R 159; [2006] NSWCCA 381 R v McNaughton (2006) 66 NSWLR 566 R v Olbrich (1999) 199 CLR 270 R v Storey [1998] 1 VR 359 at 369 R v Wright (1997) A Crim R 48 Van der Baan v R [2012] NSWCCA 5
Category:	Sentence
Parties:	Crown: Rex Offender: AM
Representation:	Counsel: K MacKenzie (Crown R Baldeo (Offender) Solicitors: Solicitor for Public Prosecutions (NSW) (Crown) Morrisons (Offender)
File Number(s):	2023/00245226