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R v Ladmore (No 2)

R v Ladmore (No 2)

Case [2025] NSWDC 324 30 May 2025

Child Sex Offences

Sexual Offences

Possession of Child Abuse Material

Procuring or Grooming Child for Unlawful Sexual Activity

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District Court

New South Wales

Medium Neutral Citation: R v Ladmore (No 2) [2025] NSWDC 324
Hearing dates: 30 May 2025
Date of orders: 30 May 2025
Decision date: 30 May 2025
Jurisdiction: Criminal
Before: Haesler SC DCJ
Decision:
Aggregate sentence of imprisonment of 14 years with a non‑parole period of 10 years

Catchwords:
CRIME — Child sex offences — Child abuse material — Use child for production — Produce — Possession — Procuring or grooming child for unlawful sexual activity — Sexually touch child >10 <16 — Incite child >10 <16 to sexually touch — Assault with intent to have sexual intercourse with child >10 <16 — Sexual intercourse with child >10 <14 — Sexual act towards child <14
SENTENCING — Mitigating factors — No record of previous convictions
SENTENCING — Penalties — Imprisonment
SENTENCING — Relevant factors on sentence — Deterrence — General deterrence — Multiple offences — Accumulation, concurrency and totality — Objective seriousness — Sentence after judge alone trial

Legislation Cited:
Children (Criminal Proceedings) Act 1987 (NSW)
Crimes Act 1900 (NSW)
Crimes (Sentencing Procedure) Act 1999 (NSW)

Cases Cited:
Clarkson v R [2011] VSCA 152
Cowling v R [2015] NSWCCA 213
Hoare v The Queen (1989) 167 CLR 348
MAK v R [2006] NSWCCA 381
Markarian v The Queen [2005] HCA 25; (2005) 228 CLR 357
Mill v The Queen [1988] HCA 70; (1988) 166 CLR 59
Muldrock v The Queen [2011] HCA 39; (2011) 244 CLR 120
Pearce v The Queen (1998) 194 CLR 610
Postiglione v The Queen [1997] HCA 26; (1997) 189 CLR 295
R v Asplund [2010] NSWCCA 316
R v Clinch (1994) 72 A Crim R 301 at 306
R v Gavel [2014] NSWCCA 56
R v Herring (1956) 73 WN (NSW) 203
R v Holder; R v Johnston [1983] 3 NSWLR 245
R v Ladmore [2025] NSWDC 93
R v Lau [2022] NSWCCA 131
R v Simpson [2001] NSWCCA 534; 53 NSWLR 704
R v Van Ryn [2016] NSWCCA 1
R v Windle [2012] NSWCCA 222
Ryan v The Queen [2001] HCA 21; (2001) 206 CLR 267
SB v R [2022] NSWCC164
Tepania v R [2018] NSWCCA 247
Way v R [2004] NSWCCA 131

Texts Cited:
D T Kenny, “The social dynamics and impacts of institutional child sexual abuse” (September 2017) 29(8) Judicial Officers Bulletin

Category: Sentence
Parties: Mark Andrew Ladmore (the offender)
Director of Public Prosecutions (NSW) (Crown)
Representation:
Counsel:
D McCallum (for the offender)
R Kimbell (for the Crown)
Solicitors:
Shoalhaven Lawyers (for the offender)
Director of Public Prosecutions (NSW) (Crown)

File Number(s): 2023/128784
Publication restriction: Pursuant to s 15A Children (Criminal Proceedings) Act 1987 (NSW) s 578A Crimes Act 1900 (NSW) there is to be no publication of any information that leads to the identifying of a child witness. Identifying information has been removed from this version of the judgment to comply with the statute

JUDGMENT – ex tempore revised

I will not be referring to the child by name I…

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 Ladmore (No 2)

Details

AGLC: R v Ladmore (No 2) [2025] NSWDC 324
Case: [2025] NSWDC 324
Decision Date: 30 May 2025

CaseChat Overview and Summary

The case of R v Ladmore (No 2) involved the respondent, Ladmore, who faced multiple charges related to child sex offences, including the production of child abuse material, possession of such material, procuring or grooming a child for unlawful sexual activity, and sexually touching a child over the age of 10. The matter was heard in a court of competent jurisdiction. The primary dispute centred on the appropriate sentence to be imposed for the various criminal activities committed by the respondent.

The legal issues before the court were to determine the appropriate penalty for each offence, the relevance of mitigating factors such as the absence of a previous criminal record, and the need for a sentence that serves the purposes of general deterrence and addresses the objective seriousness of the offences. The court also needed to consider the totality principle in sentencing, particularly in light of the concurrent nature of some of the offences.

In delivering the judgment, the court acknowledged the severe nature of the crimes committed by Ladmore, emphasising the need for a sentence that reflects the gravity of the offences and serves as a deterrent to others who might consider engaging in similar conduct. The court found that the aggregate sentence should be substantial to adequately address the objective seriousness of the crimes, while also taking into account the absence of a prior criminal record as a mitigating factor. After careful consideration, the court determined that an aggregate sentence of imprisonment for 14 years, with a non-parole period of 10 years, was appropriate. This sentence was deemed sufficient to achieve the goals of punishment, deterrence, and protection of the community.

Orders

Orders of the court

Aggregate sentence of imprisonment of 14 years with a non‑parole period of 10 years

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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Actions

Citations

R v Ladmore (No 2) [2025] NSWDC 324

Cases Citing This Decision

No citing cases yet.

Cases Cited

R v Ladmore [2025] NSWDC 93
Citation 1 (Para 2)

…On 21 March 2025, after a judge alone trial at Bega Court, I convicted Mark Ladmore of a eight serious offences: R v Ladmore [2025] NSWDC 93. I acquitted him of Count 3, s 66C(2) Crimes Act and Count 7, s 91H(2) Crimes Act . He must have the full benefit of his acquittals.…
R v Lau [2022] NSWCCA 131
Citation 2 (Para 41)

…erally a deleterious impact on a victim duration is often irrelevant to the shock and the distress of the experience: SB v R [2022] NSWCC164; R v Lau [2022] NSWCCA 131; Cowling v R [2015] NSWCCA 213.…
R v Holder [2019] SASCFC 73
Citation 3 (Para 69)

…dered separately, will end up with an ultimate aggregate that exceeds what is called for in all of the circumstances: R v Holder; R v Johnston [1983] 3 NSWLR 245 at [260] (Street CJ); R v Van Ryn [2016] NSWCCA 1 at [228]-[230]. A court has to consider whether the appropriate punishment for each offence, if add…
Tepania v The Queen [2018] NSWCCA 247
Citation 4 (Para 10)

…hesised along with all relevant matters. A process of comparing and contrasting the actual offence with an abstract one is not necessary: Tepania v R [2018] NSWCCA 247 [103]-[120]. However, as the High Court in Muldrock at [28] noted, in doing so I cannot engage in a staged approach to sentencing. I do not start at…
R v Van Ryn [2016] NSWCCA 1
Citation 5 (Para 27)

…hysical and psychological harm taken to be caused by premature sexual activity: Clarkson v R [2011] VSCA 152; R v Gavel [2014] NSWCCA 56; R v Van Ryn [2016] NSWCCA 1. That principle is one important reason for the high maximum penalties and high standard non-parole periods fixed for such matters.…
Cowling v R [2015] NSWCCA 213
Citation 6 (Para 41)

…a victim duration is often irrelevant to the shock and the distress of the experience: SB v R [2022] NSWCC164; R v Lau [2022] NSWCCA 131; Cowling v R [2015] NSWCCA 213.…
R v Gavel [2014] NSWCCA 56
Citation 7 (Para 27)

…to protect children from the physical and psychological harm taken to be caused by premature sexual activity: Clarkson v R [2011] VSCA 152; R v Gavel [2014] NSWCCA 56; R v Van Ryn [2016] NSWCCA 1. That principle is one important reason for the high maximum penalties and high standard non-parole periods fixed for su…
R v Windle [2012] NSWCCA 222
Citation 8 (Para 79)

…on them if they commit similar crimes: R v Herring (1956) 73 WN (NSW) 203 at [205]; Ryan v The Queen [2001] HCA 21; (2001) 206 CLR 267; R v Windle [2012] NSWCCA 222.…
Muldrock v The Queen [2011] HCA 39
Citation 9 (Para 10)

…ve seriousness without reference to matters personal to the offender wholly referable to the nature of the offending: Markarian; Muldrock v The Queen [2011] HCA 39; (2011) 244 CLR 120 at [27]. That assessment must be synthesised along with all relevant matters. A process of comparing and contrasting the actual o…
Clarkson v R [2011] VSCA 152
Citation 10 (Para 27)

…That principle is intended to protect children from the physical and psychological harm taken to be caused by premature sexual activity: Clarkson v R [2011] VSCA 152; R v Gavel [2014] NSWCCA 56; R v Van Ryn [2016] NSWCCA 1. That principle is one important reason for the high maximum penalties and high standard non…
R v Asplund [2010] NSWCCA 316
Citation 11 (Para 6)

…What was done placed the child’s psychosexual development at risk: see R v Asplund [2010] NSWCCA 316 at [48].…
R v MAK [2006] NSWCCA 381
Citation 12 (Para 70)

…has a greater impact than one. A sentence of five years has a greater impact than two: R v Clinch (1994) 72 A Crim R 301 at 306, approved in, MAK v R [2006] NSWCCA 381.…
Markarian v The Queen [2005] HCA 25
Citation 13 (Para 9)

…be balanced with all the other relevant factors. Particular care needs to be taken when dealing with heinous offences: Markarian v The Queen [2005] HCA 25; (2005) 228 CLR 357.…
R v Way [2004] NSWCCA 131
Citation 14 (Para 10)

…so I cannot engage in a staged approach to sentencing. I do not start at the maximum or standard non‑parole period and oscillate around it: Way v R [2004] NSWCCA 131 at [131].…
R v Simpson [2001] NSWCCA 534
Citation 15 (Para 77)

…r which the offender should be imprisoned must properly reflect the gravity of each of his offences and the other purposes of sentencing: R v Simpson [2001] NSWCCA 534; 53 NSWLR 704 at [59]. I accept the offender will need help adjusting to normal community life. But given the length of the sentence I must impose hi…
Ryan v The Queen [2001] HCA 21
Citation 16 (Para 79)

…rongdoers know the retribution which will fall on them if they commit similar crimes: R v Herring (1956) 73 WN (NSW) 203 at [205]; Ryan v The Queen [2001] HCA 21; (2001) 206 CLR 267; R v Windle [2012] NSWCCA 222.…
Regina v Simpson [1999] NSWCCA 367
Citation 17 (Para 77)

…r should be imprisoned must properly reflect the gravity of each of his offences and the other purposes of sentencing: R v Simpson [2001] NSWCCA 534; 53 NSWLR 704 at [59]. I accept the offender will need help adjusting to normal community life. But given the length of the sentence I must impose his ordinary par…
Pearce v The Queen [1998] HCA 57
Citation 18 (Para 68)

…so have to, as I have already indicated, take care not to take two relevant factors into account as independent when they are not: Pearce v The Queen (1998) 194 CLR 610 at [40]. Care must be taken not to double count matters that are common to a number of offences.…
Postiglione v the Queen [1997] HCA 26
Citation 19 (Para 71)

…considerations must be balanced. The ultimate sentence should not exceed what is called for in the circumstances of the case: Postiglione v The Queen [1997] HCA 26; (1997) 189 CLR 295 at [307]-[308].…
Hoare v The Queen [1989] HCA 33
Citation 20 (Para 26)

…an be justified as appropriate or proportionate to the gravity of the crime considered in the light of its objective circumstances: Hoare v The Queen (1989) 167 CLR 348 at [354]; Way at [125]. The objective seriousness of the particular offending must accordingly be determined in the light of the entirety of the fact…
Mill v The Queen [1988] HCA 70
Citation 21 (Para 67)

…e the overall sentence. The aggregate sentence here is just an appropriate mechanism to encompass to all of the offender’s crimes: Mill v The Queen [1988] HCA 70; (1988) 166 CLR 59 at [62]-[63].…

Legislation Cited

Children (Criminal Proceedings) Act 1987 (NSW) 578A
2 mentions
Crimes Act 1900 (ACT) 66DB(a)
2 mentions (from Para 1)
Crimes (High Risk Offenders) Act 2006 (NSW)
1 mention (from Para 87)
Crimes (Sentencing Procedure) Act 1999 (NSW)
1 mention (from Para 26)

Medium Neutral Citation:	R v Ladmore (No 2) [2025] NSWDC 324
Hearing dates:	30 May 2025
Date of orders:	30 May 2025
Decision date:	30 May 2025
Jurisdiction:	Criminal
Before:	Haesler SC DCJ
Decision:	Aggregate sentence of imprisonment of 14 years with a non‑parole period of 10 years
Catchwords:	CRIME — Child sex offences — Child abuse material — Use child for production — Produce — Possession — Procuring or grooming child for unlawful sexual activity — Sexually touch child >10 <16 — Incite child >10 <16 to sexually touch — Assault with intent to have sexual intercourse with child >10 <16 — Sexual intercourse with child >10 <14 — Sexual act towards child <14 SENTENCING — Mitigating factors — No record of previous convictions SENTENCING — Penalties — Imprisonment SENTENCING — Relevant factors on sentence — Deterrence — General deterrence — Multiple offences — Accumulation, concurrency and totality — Objective seriousness — Sentence after judge alone trial
Legislation Cited:	Children (Criminal Proceedings) Act 1987 (NSW) Crimes Act 1900 (NSW) Crimes (Sentencing Procedure) Act 1999 (NSW)
Cases Cited:	Clarkson v R [2011] VSCA 152 Cowling v R [2015] NSWCCA 213 Hoare v The Queen (1989) 167 CLR 348 MAK v R [2006] NSWCCA 381 Markarian v The Queen [2005] HCA 25; (2005) 228 CLR 357 Mill v The Queen [1988] HCA 70; (1988) 166 CLR 59 Muldrock v The Queen [2011] HCA 39; (2011) 244 CLR 120 Pearce v The Queen (1998) 194 CLR 610 Postiglione v The Queen [1997] HCA 26; (1997) 189 CLR 295 R v Asplund [2010] NSWCCA 316 R v Clinch (1994) 72 A Crim R 301 at 306 R v Gavel [2014] NSWCCA 56 R v Herring (1956) 73 WN (NSW) 203 R v Holder; R v Johnston [1983] 3 NSWLR 245 R v Ladmore [2025] NSWDC 93 R v Lau [2022] NSWCCA 131 R v Simpson [2001] NSWCCA 534; 53 NSWLR 704 R v Van Ryn [2016] NSWCCA 1 R v Windle [2012] NSWCCA 222 Ryan v The Queen [2001] HCA 21; (2001) 206 CLR 267 SB v R [2022] NSWCC164 Tepania v R [2018] NSWCCA 247 Way v R [2004] NSWCCA 131
Texts Cited:	D T Kenny, “The social dynamics and impacts of institutional child sexual abuse” (September 2017) 29(8) Judicial Officers Bulletin
Category:	Sentence
Parties:	Mark Andrew Ladmore (the offender) Director of Public Prosecutions (NSW) (Crown)
Representation:	Counsel: D McCallum (for the offender) R Kimbell (for the Crown) Solicitors: Shoalhaven Lawyers (for the offender) Director of Public Prosecutions (NSW) (Crown)
File Number(s):	2023/128784
Publication restriction:	Pursuant to s 15A Children (Criminal Proceedings) Act 1987 (NSW) s 578A Crimes Act 1900 (NSW) there is to be no publication of any information that leads to the identifying of a child witness. Identifying information has been removed from this version of the judgment to comply with the statute