R v Barbros Ocek - [2018] NSWDC 349

District Court

New South Wales

Amendment notes

Medium Neutral Citation: R v Barbros Ocek [2018] NSWDC 349
Hearing dates: 16 April 2018- 17 April 2018
Date of orders: 17 April 2018
Decision date: 17 April 2018
Jurisdiction: Criminal
Before: Tupman DCJ
Decision:
Overall term of 20 years, overall NPP 15 years
Re Counts 7, 8, 9, 18, 19, 22, 23, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, 36, 37 – Aggregate term of 5 years, NPP of 3 years
Re Counts 10-17 –Aggregate term of 6 years, NPP of 4 years
Re Count 1 – Fixed term 6 months imprisonment
Re Count 2 – Fixed term 18 months imprisonment
Re Count 3 – Overall term of imprisonment 15 years, NPP of 10 years, parole thereafter of 5 years.
Re Count 4 – Fixed term 18 months imprisonment
Re Count 5 – Fixed term of 2 years imprisonment
Re Count 6 – Fixed term of 6 months imprisonment
Re Count 20 – Fixed term of 2 years imprisonment
Re Count 21 – Fixed term of 12 months imprisonment
Re Count 24 – Fixed term of 13 months imprisonment
Re Count 32 – Fixed term of 12 months imprisonment

Catchwords: CRIMINAL LAW – Committal for Sentence following Pleas of Guilty in Local Court – 25% discount – 38 Commonwealth and State Offences plus 10 Form 1 Offences – NSW OFFENCES – Persistent Child Sexual Abuse involving 32 separate sexual acts with a 14 year old on 7 occasions – Numerous separate charges of child sexual intercourse with other children between 14 and 16 – Meet/Travel to meet child for groomed sexual activity – Produce/disseminate child abuse material – Possess child abuse material multiple images on several devices – Making demand with menaces to obtain indecent images – Procuring child under 14 for production of child abuse material – Possess child abuse material evidence of grooming with alcohol, cannabis and pornography – COMMONWEALTH offences – 20 of using carriage service to procure child for sexual activity or engage child in sexual activity – Use of fake profiles – Significant planning – OFFENDER diagnosed high risk of recidivism – Paedophilia and paraphilia – Prior similar offences – Some offences committed on parole, some committed whilst a registered sex offender – Manipulative and dangerous – Risk to community – Poor prospects of rehabilitation
Legislation Cited: Crimes Act 1900 (NSW), ss 578A, 91H(2), 98H(2), 66EA(1), 66EB(3), 66EB(2A), 66C(3), 61M(2), 249K(1), 91G(1)(b).
Courts (Suppression and Non-Publication) Orders Act, 2010, ss 7, 8(1)(c), 8(1)(d).
Child Protection (Offenders Registration) Act 2009, ss 17, 12C.
Crimes (Domestic and Personal Violence) Act 2007, ss 13(1).
Criminal Code 1995, ss 474.
Crimes (Sentencing Procedure) Act 1999, ss 10A, 53A.
Crimes (High Risk Offenders) Act 2006.
Cases Cited: R v Thomson & Houlton(2000) 49 NSWLR 383
Chiro v The Queen [2017] HCA 37
R v Nahlous [2013] NSWCCA 90
R v Fuller [210] NSWCCA 195
DPP (Cth) v Beattie [2017] NSWCCA 301
Category: Sentence
Parties: Barbros Ocek
The Crown

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 Barbros Ocek

Details

AGLC: R v Barbros Ocek [2018] NSWDC 349
Case: [2018] NSWDC 349
Decision Date: 17 April 2018

CaseChat Overview and Summary

The case of R v Barbros Ocek concerns the committal for sentencing following pleas of guilty in the Local Court. The accused, Ocek, had pleaded guilty to a total of 38 Commonwealth and State offences, as well as 10 Form 1 offences. These charges included numerous instances of persistent child sexual abuse, involving 32 separate sexual acts with a 14-year-old victim over seven occasions, as well as similar offences involving other children aged between 14 and 16. The charges also encompassed offences related to the production and dissemination of child abuse material, possession of child abuse material, and making demands with menaces to obtain indecent images. Ocek's criminal history was extensive, with prior convictions for similar offences, and he was considered to be a high risk of recidivism due to his diagnosis with paedophilia and paraphilia. The case was heard in the Supreme Court of New South Wales, where the legal issues centred around the appropriate sentencing for these serious and numerous offences.

The court had to determine the appropriate sentences for each of the 38 charges, taking into account the severity of the offences, the age of the victims, the extent of Ocek's criminal history, and the risk he posed to the community. The court also had to consider the impact of the offences on the victims and the need for deterrence and rehabilitation. In making its decision, the court referred to the principles of sentencing for sexual offences as set out in relevant case law and legislation. The court further took into account the need for consistency in sentencing for similar offences and the need to protect the community from further offending by Ocek.

In its judgment, the Supreme Court acknowledged the gravity of the offences committed by Ocek, noting the significant harm caused to the victims and the risk he posed to the community. The court determined that an overall term of 20 years imprisonment was appropriate, with an overall non-parole period of 15 years. The court imposed specific sentences for each count, with varying terms and non-parole periods depending on the nature and severity of the offence. The court also noted that Ocek's extensive criminal history and high risk of recidivism warranted a significant custodial sentence. The court concluded that the sentences imposed would adequately reflect the seriousness of the offences, provide deterrence, and protect the community from further offending by Ocek.

The final orders of the court included an overall term of 20 years imprisonment, with an overall non-parole period of 15 years. Specific sentences were imposed for each count, with varying terms and non-parole periods depending on the nature and severity of the offence. The court's sentencing decision reflected the gravity of the offences, the harm caused to the victims, and the need to protect the community from further offending by Ocek. The sentences imposed also took into account Ocek's extensive criminal history and high risk of recidivism.

Orders

Orders of the court

Overall term of 20 years, overall NPP 15 years

Re Counts 7, 8, 9, 18, 19, 22, 23, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, 36, 37 – Aggregate term of 5 years, NPP of 3 years

Re Counts 10-17 –Aggregate term of 6 years, NPP of 4 years

Re Count 1 – Fixed term 6 months imprisonment

Re Count 2 – Fixed term 18 months imprisonment

Re Count 3 – Overall term of imprisonment 15 years, NPP of 10 years, parole thereafter of 5 years.

Re Count 4 – Fixed term 18 months imprisonment

Re Count 5 – Fixed term of 2 years imprisonment

Re Count 6 – Fixed term of 6 months imprisonment

Re Count 20 – Fixed term of 2 years imprisonment

Re Count 21 – Fixed term of 12 months imprisonment

Re Count 24 – Fixed term of 13 months imprisonment

Re Count 32 – Fixed term of 12 months imprisonment

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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Medium Neutral Citation:	R v Barbros Ocek [2018] NSWDC 349
Hearing dates:	16 April 2018- 17 April 2018
Date of orders:	17 April 2018
Decision date:	17 April 2018
Jurisdiction:	Criminal
Before:	Tupman DCJ
Decision:	Overall term of 20 years, overall NPP 15 years Re Counts 7, 8, 9, 18, 19, 22, 23, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, 36, 37 – Aggregate term of 5 years, NPP of 3 years Re Counts 10-17 –Aggregate term of 6 years, NPP of 4 years Re Count 1 – Fixed term 6 months imprisonment Re Count 2 – Fixed term 18 months imprisonment Re Count 3 – Overall term of imprisonment 15 years, NPP of 10 years, parole thereafter of 5 years. Re Count 4 – Fixed term 18 months imprisonment Re Count 5 – Fixed term of 2 years imprisonment Re Count 6 – Fixed term of 6 months imprisonment Re Count 20 – Fixed term of 2 years imprisonment Re Count 21 – Fixed term of 12 months imprisonment Re Count 24 – Fixed term of 13 months imprisonment Re Count 32 – Fixed term of 12 months imprisonment
Catchwords:	CRIMINAL LAW – Committal for Sentence following Pleas of Guilty in Local Court – 25% discount – 38 Commonwealth and State Offences plus 10 Form 1 Offences – NSW OFFENCES – Persistent Child Sexual Abuse involving 32 separate sexual acts with a 14 year old on 7 occasions – Numerous separate charges of child sexual intercourse with other children between 14 and 16 – Meet/Travel to meet child for groomed sexual activity – Produce/disseminate child abuse material – Possess child abuse material multiple images on several devices – Making demand with menaces to obtain indecent images – Procuring child under 14 for production of child abuse material – Possess child abuse material evidence of grooming with alcohol, cannabis and pornography – COMMONWEALTH offences – 20 of using carriage service to procure child for sexual activity or engage child in sexual activity – Use of fake profiles – Significant planning – OFFENDER diagnosed high risk of recidivism – Paedophilia and paraphilia – Prior similar offences – Some offences committed on parole, some committed whilst a registered sex offender – Manipulative and dangerous – Risk to community – Poor prospects of rehabilitation
Legislation Cited:	Crimes Act 1900 (NSW), ss 578A, 91H(2), 98H(2), 66EA(1), 66EB(3), 66EB(2A), 66C(3), 61M(2), 249K(1), 91G(1)(b). Courts (Suppression and Non-Publication) Orders Act, 2010, ss 7, 8(1)(c), 8(1)(d). Child Protection (Offenders Registration) Act 2009, ss 17, 12C. Crimes (Domestic and Personal Violence) Act 2007, ss 13(1). Criminal Code 1995, ss 474. Crimes (Sentencing Procedure) Act 1999, ss 10A, 53A. Crimes (High Risk Offenders) Act 2006.
Cases Cited:	R v Thomson & Houlton(2000) 49 NSWLR 383 Chiro v The Queen [2017] HCA 37 R v Nahlous [2013] NSWCCA 90 R v Fuller [210] NSWCCA 195 DPP (Cth) v Beattie [2017] NSWCCA 301
Category:	Sentence
Parties:	Barbros Ocek The Crown