R v Cadman

[2023] NSWDC 661

District Court

New South Wales

Medium Neutral Citation:

R v Cadman [2023] NSWDC 661

Hearing dates:

22 November 2023

Date of orders:

22 November 2023

Decision date:

22 November 2023

Jurisdiction:

Criminal

Before:

Tupman DCJ

Decision:

1. Offender is convicted.

2. Offender is sentenced to an aggregate term of imprisonment of 4 years with a NPP of 2 years.

3. Two Form 1 offences taken into account.

Catchwords:

CRIME – sentence – 6 substantive offences – two Form 1 offences – victim BW – 14 years old – two offences contrary to s66DB(a) Crimes Act – sexually touch child between 10 and 16 – one offence contrary to s66C(3) Crimes Act – sexual intercourse with child between 10 and 16 – victim KD – 13 years old – two offences contrary to s66C(1) Crimes Act – sexual intercourse with child between 10 and 14 – victim TC – three offences contrary to s61KC(a) Crimes Act – sexually touch without consent

OFFENCES – offender 18 – offender met BW through Snapchat – aware of her age – commenced relationship – offending occurred in March and April 2022 – including uncharged acts – KD BW’s friend – also aware of her age – offending occurred in April – including uncharged acts – offender arrested and bail refused 29 April – granted Supreme Court bail on 8 September – victim TC disability support worker engaged to assist offender’s younger half-brother – offending occurred on 10 November whilst on bail

SUBJECTIVE CASE – living in supported accommodation – NDIS package – allocated NDIS worker – no prior criminal record – difficulty at school – smoked cannabis – binge drinking with peers – limited employment – problematic behaviour at home – autistic spectrum disorder with borderline intellectual functioning – deficit in social communication and interactions – reduces moral culpability – limited degree of insight and remorse – well above average risk of sexual reoffending

SENTENCE – less appropriate vehicle for general deterrence – rehabilitation – EAGP scheme – 25% discount – aggregate sentence

Legislation Cited:

Crimes Act 1900 (NSW): ss 53A, 61KC(a), 66C, 66DB(a)

Crimes (Sentencing Procedure) Act 1999 (NSW): ss 3A, 5, 21A

Cases Cited:

R v Gavel [2014] NSWCCA 56

Category:

Sentence

Parties:

Rex (Crown)
Archer Anderson Cadman (Offender)

Representation:

Counsel:
P Ye (Offender)

Solicitors:
Solicitor for Public Prosecutions (NSW) (Crown)
Legal Aid NSW (Offender)

File Number(s):

2022/00337780; 2022/00150920; 2022/00123884

Publication restriction:

There is to be no publication of any details that might identify or tend to identify the victims.

Judgment

1. The offender is before the Court at Taree for sentence following his pleas of guilty in the Local Court to six separate substantive sexual assault offences involving three victims and two additional offences to be taken into account on a Form 1, which are also sexual assault offences. I will refer to the victims by initials throughout this judgment. All offences are contrary to four separate Crimes Act 1900 (NSW).

2. In relation to the victim BW and case number H89578080, sequence 1…