R v MAB

[2007] NSWDC 83

CITATION:	R v MAB [2007] NSWDC 83
HEARING DATE(S):	22 November 2006 11 December 2006
JUDGMENT DATE:	16 March 2007
JURISDICTION:	Criminal
JUDGMENT OF:	Nield DCJ
DECISION:	See paragraph 48
CATCHWORDS:	Criminal law - sentence after guilty pleas - sexual assault by mother upon daughters - sexual activity by mother and boyfriend in presence of daughters - possession and dissemination of child pornography - multiple offences - assistance to authorities
LEGISLATION CITED:	Crimes Act NSW 1900; s61M(2), s61O(1), s61O(2), s66A, s66C(2), s91H(2), s91H(3) Crimes (Sentencing Procedure) Act 1999
CASES CITED:	R v Way [2004] NSWCCA 131 R v AJP [2004] NSWCCA 434
PARTIES:	Regina MAB
FILE NUMBER(S):	06/61/0057; 06/61/0150
COUNSEL:	Mr L. Shaw Ms J. Mundey
SOLICITORS:	Dubbo DPP John Dodd & Associates, Broken Hill

JUDGMENT

NON-PUBLICATION ORDER RE NAMES OF OFFENDER AND VICTIMS

HIS HONOUR: In the sentencing of the offender, I order that the name of the offender and any particular whereby she may be identified, and the name of the victims and any particular whereby either of them may be identified be not published. As to the sentencing of MAB:

1. The offender is MAB. She was born on 24 January 1967. She committed the various offences, for which I am to impose sentence upon her, during the period from June to November 2005. Accordingly, she was aged between thirty-eight years four months and thirty-eight years nine months when she committed the offences and she is aged forty years one month now.

2. The offender is the third child of her parents three children. She has a sister and a brother. She was raised by her parents, but mainly by her mother, until her parents separated when she was aged about seven years. After her parents’ separation, her sister and her brother continued to live with her father and she lived sometimes with her father, sometimes with her mother and sometimes with an aunt. Needless to say, her childhood and teenage years were disrupted and less than happy.

3. After her parents’ separation, both her mother and her father formed second relationships. The offender has a half sister and a half brother from her father’s second relationship. I know that she has contact with her sister and that she is trying to improve contact with her mother but I do not know whether she has contact with her father, brother or half siblings.

4. The offender attended primary schools in the Broken Hill area and secondary schools in Broken Hill and Adelaide. She commenced year 12 at Broken Hill High School at the beginning of 1984 or 1985 but she left school during that year.

5. The offender met her future husband during 1983 when she was aged sixteen years and he was aged about thirty-three years and they kept company for ten years before marrying during 1993 when she was aged twenty-six years and he was aged about forty-three years.

6. After leaving school during 1984 or 1985 until her marriage during 1993 the offender worked initially as a volunteer and then on a casual paid basis in a special school for children.

7. At the beginning of 1993 the offender commenced year 11 at Willyama High School in Broken Hill and at the end of 1994 she completed year 12 and obtained the Higher School Certificate.

8. As I have said already, the offender and her husband married during 1993. They are the parents of two children, TB and KB. TB was born on 29 December 1994 and KB was born on 26 September 1996. TB suffers from a mild intellectual disability, as revealed by exhibit M, and KB suffers from neurofibromatosis without significant complications, as revealed by exhibit O. TB and KB, who are the victims of some of the offences committed by the offender, are being cared for by the offender’s husband and the offender’s mother in the former matrimonial home of the offender and her husband.

9. The offender has an unblemished character. She had never committed a criminal offence, see exhibit Z, before she committed the first of the subject offences.

10. The offender’s marriage to her husband self destructed during 2001 after about eight years of marriage. They “drifted apart” and commenced to live separate lives albeit in the matrimonial home. Both of them have had relationships with other people following the breakdown of their marriage. She commenced to use the internet during 2002 to “chat” with other people. It was her “chatting” via the internet with people who gained sexual gratification from child pornography which led to her commission of the subject offences.

11. The offender enjoys good health, there being nothing untoward with her physical or mental health, albeit that she is anxious due to her present circumstances, something which, for a person who has never served a prison sentence, is to be expected.

12. On 16 November 2005 New South Wales police received a computer disk containing a number of images of children being subjected to sexual assault from Queensland police. New South Wales police identified the home of the offender from the contents of the photographs.

13. On 17 November 2005 police, armed with a search warrant, attended at the offender’s home. Although the offender’s husband was at home, the offender and her children were not at home. Police searched the home and, during the search, seized items that appeared in the photographs taken from the computer disk received from Queensland police, a computer and a number of computer disks.

14. Later, on 17 November 2005, police, having ascertained that the offender and her children were at a motel in Broken Hill, attended at the motel where they found the offender, her children and a man GEB, who claimed to be a “family friend” of the offender. Police searched the motel room occupied by the offender, her children and GEB and seized a digital camera and six vibrators.

15. On 18 November 2005 police interviewed TB. The interview was recorded. A transcript of the interview is exhibit L1. TB did not complain about anything during this interview. Indeed, TB did not say much at all during the interview.

16. Also on 18 November 2005 police interviewed KB. This interview was recorded. A transcript of this interview is exhibit N1. KB disclosed during this interview that the offender had taken photographs of TB and of her when they were naked and when they had a vibrator inserted into their genitalia. These photographs are among the thirty-nine photographs exhibit S2.

17. At about 1.40pm on 22 November 2005 police arrested the offender for her having sexually assaulted TB and KB, see exhibit P, and took her to Broken Hill police station, at where, after her rights were explained to her, see exhibits Q and R, she was interviewed. The interview was recorded. A transcript of the interview is exhibit S1. During the interview, the offender admitted that she took photographs of TB and KB when they were naked and when they had a vibrator inserted into their vaginas, see answers to questions 138, 139 and 140 of exhibit S1, and that she had sent those photographs via the internet to GEB, see answers to questions 107, 139, 141, 181 and 182 of exhibit S1. And she admitted that on Sunday 25 September 2005 KB, in her presence, touched and stroked the penis of GEB, see answers to questions 505, 507, 508, 530, 534, 535, 539 and 540 of exhibit S1 and admitted that she had received from GEB via the internet photographs of children in sexual poses and being subjected to sexual assault by adults, see answers to questions 589 to 599 inclusive of exhibit S1. These photographs are exhibit W. After being interviewed on 23 November 2005, the offender was charged with four offences of sexual assault upon TB and KB, four offences of disseminating child pornography and one offence of possessing child pornography.

18. On 30 January 2006 the offender appeared before a magistrate in the Local Court at Broken Hill in relation to the nine offences with which she had been charged on 23 November 2005. Her solicitor informed the magistrate that she would plead guilty to those offences.

19. On 24 April 2006 the offender appeared again before a magistrate in the Local Court at Broken Hill in relation to the nine offences with which she had been charged on 23 November 2005. She pleaded guilty to those offences and she was committed to appear in this Court on a date to be fixed for sentencing.

20. Subsequently, police performed a forensic examination of the offender’s computer, see exhibit B, and obtained records of conversations which the offender had conducted via the internet “chat rooms” with GEB and other people who she identified during the interview of 22 November 2005. Some of these “conversations” are exhibit S4 and the photographs of children in sexual poses and being subjected to sexual assault are, as I have said already, exhibit W.

21. On 6 June 2006 police again interviewed the offender. This interview was recorded. A transcript of this interview is exhibit S3.

22. By reason of what the offender told police during the interview of 6 June 2006, on 13 June 2006 police again interviewed both TB and KB. Each interview was recorded. A transcript of the interview of TB is exhibit L2 and a transcript of the interview of KB is exhibit N2.

23. On 13 September 2006, as a result of what TB, KB and the offender had told police, the offender was charged with another nine offences of sexual assault upon and misconduct in the presence of TB and KB.

24. On 31 October 2006 the offender appeared again before a magistrate in the Local Court at Broken Hill in relation to the further nine offences with which she had been charged on 13 September 2006. She pleaded guilty to those further offences and she was committed to appear in this Court on a date to be fixed for sentencing.

25. Accordingly, on 22 November 2006 the offender appeared before me in the Court at Broken Hill on the sentencing proceedings. She adhered to the guilty pleas entered before the magistrates on 30 January 2006 and 31 October 2006. After receiving documentary material from the Crown Prosecutor, I stood over the proceedings to the Court at Orange on a date to be fixed during the sittings commencing 11 December 2006.

26. On 11 December 2006 the offender appeared before me in the Court at Orange. I received further documentary material from the Crown Prosecutor and documentary material from the offender’s solicitor and I heard evidence from the offender and her sister and submissions as to sentence from the offender’s counsel and the Crown Prosecutor, after which I stood over the sentencing of the offender to 21 January 2007, later changed to today.

27. The eighteen offences to which the offender has pleaded that she is guilty are as follows:

(1) Between 1 June 2005 and 17 November 2005 the offender subjected KB, a child under the age of ten years, to sexual intercourse. This is an offence contrary to s 66A of the Crimes Act, for which the prescribed penalty is imprisonment for a maximum of twenty-five years. It is an offence which cannot be dealt with summarily. It is an offence which carries the standard non parole period of fifteen years. This offence was committed when the offender penetrated the genitalia of KB by inserting a vibrator into KB’s vagina, see the photograph numbered 21 of exhibit S2.

(2) Between 1 June 2005 and 17 November 2005 the offender subjected TB, a child of the age of ten years and under the authority of the offender, to sexual intercourse. This is an offence contrary to s 66C subs (2) of the Crimes Act for which the prescribed penalty is imprisonment for a maximum of twenty years. It is an offence which cannot be dealt with summarily. It is an offence which does not carry a standard non parole period. This offence was committed when the offender penetrated the genitalia of TB by inserting a vibrator into TB’s vagina, see the photograph numbered 12 of exhibit S2.

(3) Between 1 June 2005 and 17 November 2005 the offender subjected TB, a child of the age of ten years and under the authority of the offender, to sexual intercourse. This is another offence contrary to s 66C subs (2) of the Crimes Act. This offence was committed when the offender penetrated the genitalia of TB by inserting one of her fingers into TB’s vagina, see the photograph numbered 30 of exhibit S2.

(4) Between 1 June 2005 and 17 November 2005 the offender subjected TB, a child of the age of ten years and under the authority of the offender, to sexual intercourse. This is another offence contrary to s 66C subs (2) of the Crimes Act. This offence was committed when the offender penetrated the genitalia of TB by using two of her fingers to open TB’s labia majora to expose the vaginal canal, see the photograph numbered 29 of exhibit S2.

(5) Between 1 June 2005 and 17 November 2005 the offender disseminated photographs of child pornography. This is an offence contrary to s 91H subs (2) of the Crimes Act, for which the prescribed penalty is imprisonment for a maximum of ten years when dealt with on indictment and imprisonment for a maximum of two years if dealt with summarily. It is an offence which does not carry a standard non parole period. This offence was committed when the offender sent photographs of TB and KB when they were naked and when they had a vibrator inserted into their vaginas to GEB via the internet, see answers to questions 107, 139, 141, 181 and 189 of exhibit S1.

(6) Between 1 June 2005 and 17 November 2005 the offender disseminated photographs of child pornography. This is another offence contrary to s 91H subs (2) of the Crimes Act. This offence and the following offences numbered 7 and 8 were committed when the offender sent the photographs of TB and KB, which she had sent to GEB, to other males via the internet.

(7) Between 1 June 2005 and 17 November 2005 the offender disseminated photographs of child pornography. This is another offence contrary to s 91H subs (2) of the Crimes Act.

(8) Between 1 June 2005 and 17 November 2005 the offender disseminated photographs of child pornography. This is another offence contrary to s 91H subs (2) of the Crimes Act.

(9) On 17 November 2005 the offender possessed child pornography. This is an offence contrary to s 91H subs (3) of the Crimes Act, for which the prescribed penalty is imprisonment for a maximum of five years when dealt with on indictment and imprisonment for a maximum of two years if dealt with summarily. It is an offence which does not carry a standard non parole period. This offence was committed when the offender received and kept photographs of children in sexual poses and being subjected to sexual assault by adults from GEB via the internet, see answers to questions 589 to 599 inclusive of exhibit S1 and the photographs exhibit W.

(10) On 24 September 2005 the offender committed an act of indecency in the presence of KB a child under the age of ten years. This is an offence contrary to s 61O subs (2) of the Crimes Act, for which the prescribed penalty is imprisonment for a maximum of seven years when dealt with on indictment and imprisonment for a maximum of two years if dealt with summarily. It is an offence which does not carry a standard non parole period. This offence and the following offence numbered 11 were committed when the offender in the presence of TB and KB performed fellatio upon GEB, see answers to questions 449 to 495 of exhibit S3.

(11) On 24 September 2005 the offender committed an act of indecency in the presence of TB, a child under the age of sixteen years in a circumstance of aggravation, namely that at that time the offender was in the company of GEB. This is an offence contrary to s 61O subs (1) of the Crimes Act, for which the prescribed penalty is imprisonment for a maximum of five years when dealt with on indictment and imprisonment for a maximum of two years if dealt with summarily. It is an offence which does not carry a standard non parole period.

(12) On 24 September 2005 the offender was present when GEB subjected KB, a child under the age of ten years, to sexual intercourse and she aided and abetted GEB to subject KB to sexual intercourse. This is another offence contrary to s 66A of the Crimes Act, of which GEB was the principal in the first degree and the offender was the principal in the second degree. This is an offence for which the prescribed penalty is imprisonment for a maximum of twenty-five years and which carries a standard non parole period of fifteen years. This offence and the following offence numbered 13 were committed when, after the offender in the presence of TB and KB had performed fellatio upon GEB, the offender permitted TB and KB to place their mouths over the penis of GEB, see answers to questions 449 to 495 of exhibit S3.

(13) On 24 September 2005 the offender was present when GEB subjected TB, a child above the age of ten years and under the age of fourteen years, to sexual intercourse in the circumstance of aggravation, namely that at that time GEB was in the company of another person and she aided and abetted GEB to subject TB to sexual intercourse. This is another offence contrary to s 66C subs (2) of the Crimes Act, of which GEB was the principal in the first degree and the offender was the principal in the second degree. It is an offence for which the prescribed penalty is imprisonment for a maximum of twenty years and which does not carry a standard non-parole period.

(14) On 24 September 2005 the offender was present when GEB committed an act of indecency in the presence of KB, a child under the age of ten years, and she aided and abetted GEB when committing the offence in the presence of KB. This is another offence contrary to s 61O subs (2) of the Crimes Act, of which GEB was the principal in the first degree and the offender was the principal in the second degree. This offence and the following offence numbered 15 were committed when GEB, who was lying on a bed alongside the offender, masturbated his penis to ejaculation in the presence of TB and KB, see answers to questions 446, 448, 450, 471, 474 and 476 of exhibit S1.

(15) On 24 September 2005 the offender was present when GEB committed an act of indecency in the presence of TB, a child under the age of sixteen years, in a circumstance of aggravation namely, that at that time GEB was in the presence of the offender and she aided and abetted GEB when committing the act in the presence of TB. This is another offence contrary to s 61O subs (1) of the Crimes Act, of which GEB was the principal in the first degree and the offender was the principal in the second degree.

(16) On 25 September 2005 the offender was present when GEB committed an act of indecent assault upon KB, a child under the age of ten years, and she aided and abetted GEB when committing the indecent assault upon KB. This is an offence contrary to s 61M subs (2) of the Crimes Act, of which GEB was the principal in the first degree and the offender was the principal in the second degree. It is an offence for which the prescribed penalty is imprisonment for a maximum of ten years when dealt with on indictment and imprisonment for a maximum of two years if dealt with summarily and which, when dealt with on indictment, carries a standard non parole period of five years. This offence was committed when GEB, who was lying on a bed alongside the offender, permitted and encouraged KB to place her hand around his penis and to rub her hand up and down his penis, see answers to questions 505, 507, 508, 530, 534, 535, 539, 540 and 541 of exhibit S1.

(17) On 25 September 2005 the offender committed an act of indecency in the presence of TB, a child under the age of sixteen years, in a circumstance of aggravation namely, that at that time the offender was in the company of GB. This is another offence contrary to s 61O subs (1) of the Crimes Act. This offence and the following offence numbered 18 were committed when, after KB had placed her hand around and rubbed her hand up and down GEB’s penis, GEB engaged the offender in sexual intercourse in the presence of TB and KB, see answers to questions 530, 545 to 554 of exhibit S1.

(18) On 25 September 2005 the offender committed an act of indecency in the presence of KB a child under the age of ten years. This is another offence contrary to s 61O subs (2) of the Crimes Act.

28. Accordingly, of the eighteen offences committed by the offender seven of them, those numbered 1, 2, 3, 4, 12, 13 and 14, involved sexual assault upon TB or KB, six of them, those numbered 10, 11, 15, 16, 17 and 18, involved the offender and GEB together or GEB alone performing sexual acts in the presence of TB and KB, four of them, those numbered 5, 6, 7 and 8, involved the offender taking and sending photographs of TB and KB in pornographic poses to GEB and three other males via the internet, and one of them, that numbered 9, related to the offender’s possession of child pornography sent to her by GEB via the internet.

29. I fail to understand how the offender, the mother of TB and KB, the primary caregiver of them, the person to whom they were entitled to look for love and protection, the person in whom they trusted, could have so appallingly breached their trust and destroyed their love by involving them in sexual activities which debased and degraded them and then, to compound the enormity of her conduct, to send pornographic pictures of them via the internet to people who obtain sexual gratification from child pornography. The offender’s conduct demands condemnation and appropriately salutary punishment.

30. The harm to both the emotional and psychological wellbeing and to the sexual development of both TB and KB has been substantial. The extent of this harm is outlined in the report of Mr Tottman, exhibit CC, and need not be restated. The reasons for this harm are explained in the extract from chapter 6 of “Perspectives of Female Sex offending - A Culture of Denial” exhibit X. Although only time will tell, it seems to me that this harm is likely to be long term.

31. Of the eighteen offences committed by the offender three of them carry a standard non parole period. Those offences are those numbered 1 and 12, which are offences contrary to s 66A of the Crimes Act, for which the standard non parole period is fifteen years, and that numbered 16, which is an offence contrary to s 61M subs (2) of the Crimes Act, for which the standard non parole period is five years. If the offences fell within the middle of the range of defective seriousness for offences of their kind, so that the standard non parole period were considered appropriate, and if the statutory ratio between the non parole period and the parole period were maintained, the sentences for the offences numbered 1 and 12 would be imprisonment for twenty years with a non parole period of fifteen years and a parole period of five, years and the sentence for the offence numbered 16 would be imprisonment for six years eight months with a non parole period of five years and a parole period of one year eight months. However, in view of the decision of the Court of Criminal Appeal in Regina v Way 2004 NSW CCA 131, because the offender has pleaded guilty to those offences, I am not bound to impose such sentences upon the offender for those offences. But I must regard the standard non parole period for those offences as a reference point, benchmark, sounding board or guidepost, see Regina v AJP 2004 NSW CCA 434 per Justice Simpson at para 13.

32. Therefore, I must decide where the offences committed by the offender fall in the range from low to high of objective seriousness for offences of their kind. In making this decision I must take into account such factors as the nature of the offences, how the offences occurred and over what time they occurred, whether threats were made before the offences were committed to obtain the victim’s compliance with what the offender wanted to do, whether force was used in the commission of the offences and the effects that the offences have had upon the victims. The evidence reveals that neither TB or KB was threatened to do what the offender wanted her to do. Force was not used by the offender against either TB or KB in the commission of the offences. Neither TB or KB suffered any physical harm in the commission of the offences but, as I have said already, the emotional harm suffered by each of them has been substantial and is likely to be long term. The offences occurred over a few hours on a few days and, as I have already stated, the nature of the offences are as described.

33. I have decided, taking into account the factors referred to in paragraph 32 above, that, although the offences, particularly those involving sexual intercourse, are objectively serious, the offences fall below the middle of the range of objective seriousness for offences of their kind.

34. As I have said already, the offender was interviewed by police on 22 November 2005 and again on 6 June 2005. On each occasion she admitted what she had done. Her admissions show her remorse for what she had done. In addition to admitting what police knew or believed that she had done, she disclosed offences of which police knew nothing or could not have proved. Her admissions of other offences show further her remorse for what she had done. Moreover, her admissions of other offences entitle her to a discount in penalty for those offences.

35. Also, as I have said already, on 24 April 2006 the offender pleaded guilty to the nine offences with which she had been charged on 23 November 2005 and on 31 October 2006 she pleaded guilty to the further nine offences with which she had been charged on 6 June 2006. I accept as the Crown Prosecutor conceded, that the offender had pleaded guilty at the earliest appropriate opportunity thereby entitling her to a discount in penalty of twenty five per cent. I accept also that the offender’s guilty pleas show further her remorse for what she had done.

36. In addition to admitting what she had done and to pleading guilty to the offences with which she had been charged, the offender offered to assist police in the prosecution of GEB and other people with whom she had “chatted” via the internet and to whom she had sent photographs of child pornography. The extent of the offender’s assistance is outlined in exhibit Y. As it has transpired, GEB has been charged with offences of possessing child pornography, to which he has pleaded guilty and has been sentenced in South Australia, and offences of sexual assault upon TB and KB, for which he has been or is to be extradited to New South Wales for trial. Also another person WC, to whom the offender sent photographs of child pornography, has been charged with possession and dissemination of child pornography. Thus the assistance given by the offender in the past has been useful and the assistance to be given in the prosecution of GEB for sexual assault upon TB and KB is important and likely to be useful. However, the giving of assistance to police in the investigation of offences and in the prosecution of offenders exposes the person giving the assistance and the person’s family members to the risk of retribution from the person or people named or from people associated with that person or those people. I intend to discount the sentences that I determine to be appropriate for the various offences by twenty five per cent on account of the offender’s assistance to police.

37. I have said already that the offender’s admissions of the offences when she was interviewed, her early guilty pleas to the offences with which she had been charged and her assistance to authorities in the investigation and prosecution of other offenders show her remorse for what she had done. She told Mr Taylor, see exhibit 1, and me in her evidence of her regret for what she had done. I accept her remorse to be genuine.

38. Since being imprisoned, the offender has settled into prison life and she has undertaken such educational courses as have been available to her. She has kept in contact with her sister. She has been trying to mend her relationship with her mother, who, as I have said, cares for TB and KB jointly with the offender’s husband. I consider, in view of her previous character and the fact that the subject offences, were her only offences, that the offender has excellent prospects of being rehabilitated to take her place in society after her release from prison.

39. In determining an appropriate sentence to impose upon the offender for each of the offences to which she has pleaded guilty, I must take into account the purposes of sentencing referred to s 3A of the Crimes (Sentencing Procedure) Act and such of the aggravating factors referred to in s 21A subs (2) of the Act as are present and such are the mitigating factors referred to in subs (3) of that section as are present and any other relevant factor.

40. As to s 21A of Crimes (Sentencing Procedure) Act, having regard to what I have said, I consider that the aggravating factors are those lettered (g) because the emotional harm suffered by TB and KB was substantial, (k) because the offender abused her position as the mother of TB and KB and (l) because TB and KB were vulnerable due to their relationship with the offender, in subs (2) of the section and the mitigating factors of those lettered (b), because the offences were not planned, being rather spur of the moment or opportunistic, (e) because of the offender’s unblemished character, (g) because the offender is unlikely to re-offend, (h) because the offender has excellent prospects for rehabilitation, (i) because the offender has shown her remorse, (k) because the offender pleaded guilty and (m) because of the assistance given and to be given by the offender in the investigation and prosecution of other offenders, in subs (3) of the section.

41. One factor not mentioned in s 21A of the Crimes (Sentencing Procedure) Act is deterrence. Although personal deterrence is not as important in this case as it might be in another case, because I consider that it is unlikely that the offender will re-offend in the way that she has offended or in any other way, I realise that general deterrence is important. It is something that cannot be overlooked or undervalued. People who may think of doing what the offender has done, and sending child pornography via the internet is easily done and difficult to detect, must be deterred from doing so.

42. Another factor to be taken into account is this. The offender was placed on strict protection in prison for eight months following her arrest on 22 November 2005. This meant that she spent twenty-three hours each day in her cell and one hour each day alone in the exercise yard. After eight months on strict protection, she was placed on protection and she remains on protection. Being on protection is onerous but not as onerous as being on strict protection. Although the evidence does not reveal the restrictions placed on the offender because she is on protection, I accept that her life in prison is restricted and accordingly more onerous than prison life should be.

43. What, then, having regard to what I have said about the offence and the offender, is an appropriate sentence to impose upon the offender for each of the offences?

44. I have determined, balancing the purposes of sentencing, the objective seriousness of the offences, the subjective features of the offender and the aggravating and mitigating factors to which I have referred, other than the discounts on sentence totalling fifty per cent, that the following sentences are appropriate. Offence numbered 1, sexual intercourse of a child under the age of ten years contrary to s 66A of the Crimes Act, imprisonment for ten years, which I reduce by fifty per cent to five years. Offence numbered 2, aggravated sexual intercourse of a child of the age of ten years contrary to s 66C subs (2) of the Crimes Act, imprisonment for ten years, which I reduce by fifty per cent to five years. Offence numbered 3, aggravated sexual intercourse of a child of the age of ten years contrary to s 66C subs (2) of the Crimes Act, imprisonment for ten years, which I reduce by fifty per cent to five years. Offence numbered 4, aggravated sexual intercourse of a child of the age of ten years contrary to s 66C subs (2) of the Crimes Act, imprisonment for ten years, which I reduce by fifty per cent to five years. Offences numbered 5, 6, 7 and 8, dissemination of photographs of child pornography contrary to s 91H subs (2) of the Crimes Act, imprisonment for two years, which I reduce by fifty per cent to one year. Offence numbered 9, possession of child pornography contrary to s 91H subs (3) of the Crimes Act, imprisonment for two years, which I reduce by fifty per cent to one year. Offence numbered 10, act of indecency in the presence of a child under the age of ten years contrary to s 61O subs (2) of the Crimes Act, imprisonment for two years, which I reduce by 50 per cent to one year. Offence numbered 11, aggravated act of indecency in the presence of a child under the age of sixteen years contrary to s 61O subs (2) of the Crimes Act, imprisonment for two years, which I reduce by 50 per cent to one year. Offence numbered 12, sexual intercourse of a child under the age of ten years contrary to s 66A of the Crimes Act, imprisonment for ten years, which I reduce by 50 per cent to five years. Offence numbered 13, aggravated sexual intercourse of a child above the age of ten years and under the age of fourteen years contrary to s 66C subs (2) of the Crimes Act, imprisonment for ten years, which I reduce by 50 per cent to five years. Offence numbered 14, act of indecency in the presence of a child under the age of ten years contrary to s 66O subs (2) of the Crimes Act, imprisonment for two years, which I reduce by 50 per cent to one year. Offence numbered 15, aggravated act of indecency in the presence of a child under the age of sixteen years contrary to s 61O subs (1) of the Crimes Act, imprisonment for two years, which I reduce by 50 per cent to one year. Offence numbered 16, indecent assault upon a child under the age of ten years contrary to s 61M subs (2) of the Crimes Act, imprisonment for three years, which I reduce by 50 per cent to one year six months. Offence numbered 17, act of indecency in the presence of a child under the age of sixteen years contrary to s 61O subs (1) of the Crimes Act, imprisonment for two years, which I reduce by 50 per cent to one year. Offence numbered 18, act of indecency in the presence of a child under the age of ten years contrary to s 61O subs (2) of the Crimes Act, imprisonment for two years, which I reduce by 50 per cent to one year.

45. As to special circumstances, I consider that the offender’s previously unblemished character, her remorse, the excellent prospects of her rehabilitation and the likelihood that she will not re-offend are special circumstances which justify apportionment of the sentences into a non parole period equal to sixty five per cent and a parole period equal to thirty five per cent of the period of the sentence.

46. As to whether the sentences should be served concurrently, or consecutively, or partly concurrently and party consecutively, I consider that, firstly, as the offences numbered 1 to 4 inclusive were committed at the one time, the sentences for those offences should be served concurrently; secondly, as the offences numbered 5 to 8 inclusive were probably committed at about the same time, the sentences for these offences should be served concurrently and consecutively upon the sentences for the offences numbered 1 to 4 inclusive; thirdly, as the offence numbered 9 was committed separately from the earlier offences, the sentence for this offence should be served consecutively upon the sentences for the offences numbered 5 to 8 inclusive; lastly, as the offences numbered 10 to 18 inclusive were committed during the one twenty four hour period, the sentences for these offences should be served concurrently and consecutively upon the sentence for the offence numbered 9.

47. As to totality, I consider that, having regard to everything that I have said already, to reflect the offender’s criminality for the eighteen offences and to punish her properly for those offences, the offender should serve a total sentence of ten years with a total non parole period of six years six months and a parole period of three years six months.

48. Accordingly, MAB, for each of the eighteen offences to which you have pleaded that you are guilty, you are convicted. I sentence you as follows. Offence numbered 1, imprisonment for a period of five years, with a non-parole period of three years six months from 22 November 2005 to 21 May 2009 and a parole period of one year six months from 22 May 2009 to 21 November 2010. Offence numbered 2, imprisonment for a period of five years, with a non-parole period of three years six months from 22 November 2005 to 21 May 2009 and a parole period of one year six months from 22 May 2009 to 21 November 2010. Offence numbered 3, imprisonment for a period of five years, with a non-parole period of three years six months from 22 November 2005 to 21 May 2009 and a parole period of one year six months from 22 May 2009 to 21 November 2010. Offence numbered 4, imprisonment for a period of five years, with a non-parole period of three years six months from 22 November 2005 to 21 May 2009 and a parole period of one year six months from 22 May 2009 to 21 November 2010. Offences numbered 5, 6, 7 and 8, imprisonment for a fixed period of nine months from 22 May 2009 to 21 February 2010. Offence numbered 9, imprisonment for a fixed period of nine months from 22 February 2010 to 21 November 2010. Offence numbered 10, imprisonment for a fixed period of nine months from 22 November 2010 to 21 August 2011. Offence numbered 11, imprisonment for a fixed period of nine months from 22 November 2010 to 21 August 2011. Offence numbered 12, imprisonment for a period of five years, with a non-parole period of one year six months from 22 November 2010 to 21 May 2012 and a parole period of three years six months from 21 May 2012 to 22 November 2015. Offence numbered 13, imprisonment for a period of five years with a non- parole period of one year six months from 22 November 2010 to 21 May 2012 and a parole period of three years six months from 21 May 2012 to 22 November 2015. Offence numbered 14, imprisonment for a fixed period of nine months from 22 November 2010 to 21 August 2011. Offence numbered 15, imprisonment for a fixed period of nine months from 22 November 2010 to 21 August 2011. Offence numbered 16, imprisonment for a fixed period of one year from 22 November 2010 to 21 November 2011. Offence numbered 17, imprisonment for a fixed period of nine months from 21 November 2010 to 21 August 2011. Offence numbered 18, imprisonment for a fixed period of nine months from 21 November 2010 to 21 August 2011. I order that you be subject to supervision by the New South Wales Probation and Parole Service whilst on parole during the parole period. The earliest date on which you will be eligible to be released on parole is 21 May 2012 and, if you are released on that date, you will be subject to supervision by the New South Wales Probation and Parole Service until 21 November 2015.

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