R v Cook - [2025] NSWDC 201

District Court

New South Wales

Medium Neutral Citation: R v Cook [2025] NSWDC 201
Hearing dates: 28 March 2025
Date of orders: 28 March 2025
Decision date: 28 March 2025
Jurisdiction: Criminal
Before: Haesler SC DCJ
Decision:
State matter –
Sentence of imprisonment of 9 months
Commonwealth matters –
Aggregate sentence of imprisonment of 3 years and 8 months with a non-parole period of 2 years

Catchwords:
CRIME — Child sex offences — Child abuse material — Using carriage service for child pornography material or child abuse material — Fail to comply with child protection reporting obligations
SENTENCING — Aggravating factors — Breach of conditional liberty — Record of previous convictions
SENTENCING — Mitigating factors — Plea of guilty
SENTENCING — Penalties — Imprisonment
SENTENCING — Relevant factors on sentence — Deterrence — Maximum penalty — Moral culpability — Objective seriousness
SENTENCING — Sentencing procedure — Instinctive synthesis
SENTENCING — Subjective considerations on sentence — Childhood sexual abuse and trauma — Mental disorders

Legislation Cited:
Child Protection (Offenders Registration) Act 2000 (NSW)
Crimes Act 1914 (Cth)
Crimes (Sentencing Procedure) Act 1999 (NSW)
Criminal Code Act 1995 (Cth)

Cases Cited:
Abbas, Bodiotis, Taleb and Amoun v R [2013] NSWCCA 115
Attorney General’s Application under s 37 of the Crimes (Sentencing Procedure) Act 1999 No 1 of 2002 [2002] NSWCCA 518; (2002) 56 NSWLR 146
Bisiker v R [2022] NSWCCA 110
Bugmy v The Queen [2013] HCA 37; (2013) 249 CLR 571
Cobiacv Liddy (1969) HCA 26; 119 CLR 257
Hurtv The King;Delzottov The King [2024] HCA 8
Markarian v The Queen [2005] HCA 25; (2005) 228 CLR 357
R v Dennison [2011] NSWCCA 114
R v McGregor [2024] NSWCCA 200

Category: Sentence
Parties: Graham Cook (the offender)
Director of Public Prosecutions (Commonwealth) (Crown)
Representation:
Counsel:
D Berents (for the offender)
H Donaldson (for the Crown)
Solicitors:
Legal Aid (NSW) (for the offender)
Director of Public Prosecutions (Commonwealth) (Crown)

File Number(s): 2024/59724

JUDGMENT – ex tempore revised

Introduction

In 2017 Graham Cook was convicted after trial of a number of sexual assaults on two children. That offending had occurred many years earlier when Cook was in his early 20s. The children involved were about 10 years younger than him. In April 2017, I sentenced him to a term of imprisonment of 8 years and a non‑parole period of 4 and a half years. He was released to parole in October 2021.
As a consequence of his convictions Cook was registered as a sex offender and subject to the Child Protection (Offenders Registration) Act 2000 (NSW). The objects of the sex offender registration scheme as set out in s 2 and include, to protect children from serious harm, including physical and psychological harm caused by physical or sexual assault. Other purposes of the legislation include:

The deterrence of an offender from re‑offending;

The management of such offenders in the community with the aim of preventing re‑offending; and

The need to try and provide victims, their family…

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 Cook

Details

AGLC: R v Cook [2025] NSWDC 201
Case: [2025] NSWDC 201
Decision Date: 28 March 2025

CaseChat Overview and Summary

The case of R v Cook involved a defendant charged with multiple offences related to child abuse material and breaches of child protection reporting obligations. The court had to decide on the appropriate penalties for these offences, taking into account various legal issues such as aggravating and mitigating factors, the defendant's prior criminal history, and the objective seriousness of the crimes committed. The defendant pleaded guilty to several counts, which was acknowledged as a mitigating factor in sentencing. However, the court also considered the aggravating factors, including the defendant's breach of conditional liberty and a history of previous convictions. The court was tasked with balancing these factors to determine a fair and just sentence that would also serve as a deterrent to others.

The court examined the maximum penalty for the offences and the moral culpability of the defendant, focusing on the objective seriousness of using a carriage service for child pornography. The judge employed the instinctive synthesis approach, carefully weighing all relevant considerations to arrive at a sentence that appropriately reflected the gravity of the crimes. Notably, the defendant's childhood sexual abuse and trauma, along with mental health disorders, were considered as mitigating factors. Despite these considerations, the court ultimately concluded that a custodial sentence was necessary to achieve the aims of punishment, deterrence, and rehabilitation.

The outcome of the case resulted in a sentence of imprisonment for the defendant. For the state matter, the court imposed a sentence of 9 months in prison. For the Commonwealth matters, an aggregate sentence of 3 years and 8 months was given, with a non-parole period of 2 years. This decision reflects the court's consideration of both the severity of the crimes and the personal circumstances of the defendant, aiming to balance justice with the need for public protection and individual rehabilitation.

Orders

Orders of the court

State matter –

Sentence of imprisonment of 9 months

Commonwealth matters –

Aggregate sentence of imprisonment of 3 years and 8 months with a non-parole period of 2 years

Background

Background to the litigation

Full text does not contain this section.

Evidence

Evidence Before The Court

Full text does not contain this section.

Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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Medium Neutral Citation:	R v Cook [2025] NSWDC 201
Hearing dates:	28 March 2025
Date of orders:	28 March 2025
Decision date:	28 March 2025
Jurisdiction:	Criminal
Before:	Haesler SC DCJ
Decision:	State matter – Sentence of imprisonment of 9 months Commonwealth matters – Aggregate sentence of imprisonment of 3 years and 8 months with a non-parole period of 2 years
Catchwords:	CRIME — Child sex offences — Child abuse material — Using carriage service for child pornography material or child abuse material — Fail to comply with child protection reporting obligations SENTENCING — Aggravating factors — Breach of conditional liberty — Record of previous convictions SENTENCING — Mitigating factors — Plea of guilty SENTENCING — Penalties — Imprisonment SENTENCING — Relevant factors on sentence — Deterrence — Maximum penalty — Moral culpability — Objective seriousness SENTENCING — Sentencing procedure — Instinctive synthesis SENTENCING — Subjective considerations on sentence — Childhood sexual abuse and trauma — Mental disorders
Legislation Cited:	Child Protection (Offenders Registration) Act 2000 (NSW) Crimes Act 1914 (Cth) Crimes (Sentencing Procedure) Act 1999 (NSW) Criminal Code Act 1995 (Cth)
Cases Cited:	Abbas, Bodiotis, Taleb and Amoun v R [2013] NSWCCA 115 Attorney General’s Application under s 37 of the Crimes (Sentencing Procedure) Act 1999 No 1 of 2002 [2002] NSWCCA 518; (2002) 56 NSWLR 146 Bisiker v R [2022] NSWCCA 110 Bugmy v The Queen [2013] HCA 37; (2013) 249 CLR 571 Cobiacv Liddy (1969) HCA 26; 119 CLR 257 Hurtv The King;Delzottov The King [2024] HCA 8 Markarian v The Queen [2005] HCA 25; (2005) 228 CLR 357 R v Dennison [2011] NSWCCA 114 R v McGregor [2024] NSWCCA 200
Category:	Sentence
Parties:	Graham Cook (the offender) Director of Public Prosecutions (Commonwealth) (Crown)
Representation:	Counsel: D Berents (for the offender) H Donaldson (for the Crown) Solicitors: Legal Aid (NSW) (for the offender) Director of Public Prosecutions (Commonwealth) (Crown)
File Number(s):	2024/59724