R v Idaho (a pseudonym) - [2025] NSWDC 427

District Court

New South Wales

Amendment notes

Medium Neutral Citation: R v Idaho (a pseudonym) [2025] NSWDC 427
Hearing dates: 23 October 2025
Date of orders: 23 October 2025
Decision date: 23 October 2025
Jurisdiction: Criminal
Before: Newlinds SC DCJ
Decision:
(1) The Offender is sentenced to a term of imprisonment of 16 years, to commence 7 August 2025 and expire 6 August 2041.
(2) The Offender will be first eligible for parole after 11 years on 6 August 2036.
(3) Pursuant to s 3C of the Child Protection (Offenders Registration) Act 2000, the Offender is to be a registrable person required to be recorded on the NSW Child Protection Register for a period of 15 years commencing from 6 August 2036, to expire 5 August 2051.

Catchwords:
CRIME — Child sex offences — Maintaining an unlawful sexual relationship with a child — Father sexually abused daughter over period of 8 or 9 years from when she was about 6 or 7 years old — No remorse or contrition — Impact on victim — Ripple effect on family — Specific and general deterrence together with protection of community
CRIMINAL PROCEDURE — Registrable Persons Order — Proper construction of amended Act — How required procedure is to be implemented in a practical way

Legislation Cited:
Child Protection (Offenders Registration) Act 2000 (NSW) s 3C; s 3I
Crimes Act 1900 (NSW) s 66EA
Crimes (Sentencing Procedure) Act 1999 (NSW) s 24A(1)(b)

Cases Cited:
R v Fisher [2024] NSWCCA 191
Xerri v R [2021] NSWCCA 268
RA v R [2024] NSWCCA 149

Category: Sentence
Parties: Rex (Crown)
Mr Idaho (a pseudonym) (Offender)
Representation:
Counsel:
R Cooley (Crown)
B Royce (Offender)
Solicitors:
ODPP (Crown)
Nelson Kurucz Lawyers (Offender)

File Number(s): 2023/191422
Publication restriction: Statutory non-publication and suppression orders made of the names of the Offender, child victim, or of any other thing that might, directly or indirectly, identify either of them.

JUDGMENT; ex tempore

Overview

After a 4-day hearing before myself and a jury of 12 at Penrith District Court on 15 August 2024, the jury found the Offender, guilty of one count pursuant to s 66EA of the Crimes Act 1900 (NSW). That is the jury found the Offender maintained an unlawful sexual relationship with a child. The Complainant is the Offender’s daughter and the alleged offending conduct occurred over a period of about 9 years, starting when she was about 5 or 6 years’ old.
The maximum penalty for an offence contrary to s 66EA is life imprisonment. It now falls to me to sentence the Offender.
Section 66EA is in the following terms (my emphasis):

“(1) An adult who maintains an unlawful sexual relationship with a child is guilty of an offence.
(2) An "unlawful sexual relationship" is a relationship in which an adult engages in 2 or more unlawful sexual acts with or towards a child over any period.
…
(4) In proceedings for an offence under this section, the prosecution—
a) is not required to allege the…

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 Idaho (a pseudonym)

Details

AGLC: R v Idaho (a pseudonym) [2025] NSWDC 427
Case: [2025] NSWDC 427
Decision Date: 23 October 2025

CaseChat Overview and Summary

The case of R v Idaho involved the prosecution of a father who had engaged in an unlawful sexual relationship with his daughter over an extended period, beginning when she was approximately six or seven years old. The matter was heard in the Supreme Court of New South Wales, where the defendant was found guilty of multiple counts of child sexual abuse. The court was tasked with determining the appropriate sentence and whether the defendant should be subject to a Registrable Persons Order under the Child Protection (Offenders Registration) Act 2000.

The legal issues before the court encompassed the appropriate sentencing principles to apply in cases of severe child sexual abuse, particularly where the offender showed no remorse or contrition. The court was required to balance the need for specific deterrence, which involves punishing the offender to prevent future offending, and general deterrence, which aims to deter others from engaging in similar conduct. The court also needed to consider the protection of the community and the ripple effect on the victim and her family. Additionally, the court had to interpret the amended Child Protection (Offenders Registration) Act 2000 to determine the proper construction of the Registrable Persons Order and how it should be implemented in practice.

In delivering the judgment, the court emphasised the gravity of the crimes committed by the defendant and the profound impact on the victim and her family. The court noted the lack of remorse displayed by the defendant and the necessity for a sentence that adequately reflects the seriousness of the offences. The court sentenced the defendant to a term of imprisonment of 16 years, with eligibility for parole after 11 years. The defendant was also ordered to be a registrable person on the NSW Child Protection Register for 15 years, starting from the date of parole eligibility. This decision was based on the court's consideration of specific and general deterrence, the protection of the community, and the need for the defendant to reintegrate into society under strict monitoring and oversight.

Orders

Orders of the court

(1) The Offender is sentenced to a term of imprisonment of 16 years, to commence 7 August 2025 and expire 6 August 2041.

(2) The Offender will be first eligible for parole after 11 years on 6 August 2036.

(3) Pursuant to s 3C of the Child Protection (Offenders Registration) Act 2000, the Offender is to be a registrable person required to be recorded on the NSW Child Protection Register for a period of 15 years commencing from 6 August 2036, to expire 5 August 2051.

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 Idaho (a pseudonym) [2025] NSWDC 427
Hearing dates:	23 October 2025
Date of orders:	23 October 2025
Decision date:	23 October 2025
Jurisdiction:	Criminal
Before:	Newlinds SC DCJ
Decision:	(1) The Offender is sentenced to a term of imprisonment of 16 years, to commence 7 August 2025 and expire 6 August 2041. (2) The Offender will be first eligible for parole after 11 years on 6 August 2036. (3) Pursuant to s 3C of the Child Protection (Offenders Registration) Act 2000, the Offender is to be a registrable person required to be recorded on the NSW Child Protection Register for a period of 15 years commencing from 6 August 2036, to expire 5 August 2051.
Catchwords:	CRIME — Child sex offences — Maintaining an unlawful sexual relationship with a child — Father sexually abused daughter over period of 8 or 9 years from when she was about 6 or 7 years old — No remorse or contrition — Impact on victim — Ripple effect on family — Specific and general deterrence together with protection of community CRIMINAL PROCEDURE — Registrable Persons Order — Proper construction of amended Act — How required procedure is to be implemented in a practical way
Legislation Cited:	Child Protection (Offenders Registration) Act 2000 (NSW) s 3C; s 3I Crimes Act 1900 (NSW) s 66EA Crimes (Sentencing Procedure) Act 1999 (NSW) s 24A(1)(b)
Cases Cited:	R v Fisher [2024] NSWCCA 191 Xerri v R [2021] NSWCCA 268 RA v R [2024] NSWCCA 149
Category:	Sentence
Parties:	Rex (Crown) Mr Idaho (a pseudonym) (Offender)
Representation:	Counsel: R Cooley (Crown) B Royce (Offender) Solicitors: ODPP (Crown) Nelson Kurucz Lawyers (Offender)
File Number(s):	2023/191422
Publication restriction:	Statutory non-publication and suppression orders made of the names of the Offender, child victim, or of any other thing that might, directly or indirectly, identify either of them.