R v Irving - [2025] NSWDC 392

District Court

New South Wales

Medium Neutral Citation: R v Irving [2025] NSWDC 392
Hearing dates: 6/5/25-13/5/25, 26/6/25, 8/8/25
Date of orders: 8 August 2025
Decision date: 08 August 2025
Jurisdiction: Criminal
Before: Bourke SC DCJ
Decision:
Convicted and sentenced to an aggregate term of imprisonment of 6 years with a NPP of 4 years (1/11/24-30/10/28).
I find special circumstances.
The indicative sentence are:
Count 1 – 2 years
Count 2 – 2 years
Count 3 – 8 months
Count 4 – 12 months
Count 5 – 3 years 6 months with a NPP of 2 years 4 months
Count 6 – 2 years 3 months
Count 7 – 2 years
Count 8 – 3 years 6 months with a NPP of 2 years 4 months

Catchwords:
Crime – Sentence – Aggravated carry out sexual act with child 10-16 years – Sexual touching child 10-16 years – Sexual intercourse with child under 14 years – Sexual touching child under 16 years – Carry out sexual act towards child under 10-16 years – Sexual intercourse with child 10-14 years

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

Cases Cited:
Bugmy v R [2013] HCA 37
DB v R [2023] NSWCCA 323
DPP (Cth) v De La Rosa [2010] NSWCCA 194
Kelly v R [2022] NSWCCA 189
Mohindra v R [2020] NSWCCA 340
Muldrock v R (2011) 244 CLR 120
Stobinski v R [2025] NSWCCA 97

Category: Sentence
Parties: NSW DPP – Crown
Thomas Irving - Offender
Representation: Mr C Reynolds for Crown
Mr J Tate for Offender

File Number(s): 23/140258
Publication restriction: Statutory non-publication order in relation to the identity of the victim.
Non-publication order in relation to the names of any children.

remarks on sentence

These are the sentence proceedings relating to Mr Thomas Irving.
The offender, Mr Irving, stood trial in May 2025 on the following eight counts on which the jury found him guilty:
Count 1, being an offence under s 66DE(1)(a) of the Crimes Act 1900, being an aggravated form of carrying out a sexual act with a child aged 10 to 16 years, that being an offence which carries a maximum penalty of five years.
Count 2, being the same type of offence and carrying the same maximum penalty.
Count 3, which is an offence under s 66DB(a) of intentionally sexually touching a child aged between 10 and under 16 years which carries a maximum penalty of 10 years' imprisonment.
Count 4, which is an offence of the same type, carrying the same maximum penalty.
Count 5, which is an offence under s 66C(2) of the Crimes Act 1900, being an offence of sexual intercourse with a child aged under 14 years, and that offence carries a maximum penalty of 20 years' imprisonment and a standard non-parole period of nine years is specified for an offence in the middle range of objective seriousness,
Count 6, which is an offence under s 66DB(a) of the Crimes Act 1900, being an offence of…

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 Irving

Details

AGLC: R v Irving [2025] NSWDC 392
Case: [2025] NSWDC 392
Decision Date: 08 August 2025

CaseChat Overview and Summary

In the case before the court, the respondent, Irving, stood accused of multiple serious sexual offences against children. The charges included aggravated sexual acts with a child aged between 10 and 16 years, sexual touching of a child aged between 10 and 16 years, sexual intercourse with a child under 14 years, and various other related offences. The case was heard in a court of criminal jurisdiction in Australia. The court was tasked with determining Irving's guilt on each count and, if found guilty, to sentence him appropriately.

The primary legal issues before the court involved assessing the credibility of the prosecution's evidence, determining the appropriate weight to be given to mitigating factors, and applying sentencing principles to arrive at a just outcome. The court had to consider the severity and nature of the offences, the impact on the victims, and the principles of proportionality and deterrence in sentencing. Additionally, the court had to decide whether special circumstances existed that would warrant a departure from the standard sentencing guidelines.

The court found Irving guilty on all counts. In delivering the sentence, the court noted the gravity of the offences and the significant impact on the victims. The court emphasised the need for deterrence and protection of the community. The aggregate term of imprisonment was set at six years, with a non-parole period of four years. The court detailed the indicative sentences for each count, taking into account the aggravating and mitigating factors presented. Special circumstances were found to exist, influencing the overall sentence structure.

The court ordered that Irving be imprisoned for an aggregate term of six years, with a non-parole period of four years, commencing from 1 November 2024 and ending on 30 October 2028. This decision reflects the court's consideration of the severity of the offences and the need for both punishment and rehabilitation.

Orders

Orders of the court

Convicted and sentenced to an aggregate term of imprisonment of 6 years with a NPP of 4 years (1/11/24-30/10/28).

I find special circumstances.

The indicative sentence are:

Count 1 – 2 years

Count 2 – 2 years

Count 3 – 8 months

Count 4 – 12 months

Count 5 – 3 years 6 months with a NPP of 2 years 4 months

Count 6 – 2 years 3 months

Count 7 – 2 years

Count 8 – 3 years 6 months with a NPP of 2 years 4 months

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 Irving [2025] NSWDC 392
Hearing dates:	6/5/25-13/5/25, 26/6/25, 8/8/25
Date of orders:	8 August 2025
Decision date:	08 August 2025
Jurisdiction:	Criminal
Before:	Bourke SC DCJ
Decision:	Convicted and sentenced to an aggregate term of imprisonment of 6 years with a NPP of 4 years (1/11/24-30/10/28). I find special circumstances. The indicative sentence are: Count 1 – 2 years Count 2 – 2 years Count 3 – 8 months Count 4 – 12 months Count 5 – 3 years 6 months with a NPP of 2 years 4 months Count 6 – 2 years 3 months Count 7 – 2 years Count 8 – 3 years 6 months with a NPP of 2 years 4 months
Catchwords:	Crime – Sentence – Aggravated carry out sexual act with child 10-16 years – Sexual touching child 10-16 years – Sexual intercourse with child under 14 years – Sexual touching child under 16 years – Carry out sexual act towards child under 10-16 years – Sexual intercourse with child 10-14 years
Legislation Cited:	Crimes Act 1900 Crimes (Sentencing Procedure) Act 1999
Cases Cited:	Bugmy v R [2013] HCA 37 DB v R [2023] NSWCCA 323 DPP (Cth) v De La Rosa [2010] NSWCCA 194 Kelly v R [2022] NSWCCA 189 Mohindra v R [2020] NSWCCA 340 Muldrock v R (2011) 244 CLR 120 Stobinski v R [2025] NSWCCA 97
Category:	Sentence
Parties:	NSW DPP – Crown Thomas Irving - Offender
Representation:	Mr C Reynolds for Crown Mr J Tate for Offender
File Number(s):	23/140258
Publication restriction:	Statutory non-publication order in relation to the identity of the victim. Non-publication order in relation to the names of any children.