R v MacDonald - [2025] NSWDC 409

District Court

New South Wales

Medium Neutral Citation: R v MacDonald [2025] NSWDC 409
Hearing dates: 9 October 2025
Date of orders: 15 October 2025
Decision date: 15 October 2025
Jurisdiction: Criminal
Before: Priestley SC DCJ
Decision:
(1)   The offender is convicted of the offences set out in the above table.
(2)   Taking into account the schedule matters in relation to the relevant offences, and after applying a discount of 25% to the indicative terms set out above, the offender is sentenced to a term of imprisonment of 3 years, to date from 12 October 2025, and expiring on 11 October 2028.
(3)   The offender is to be released from custody after serving 3 days in custody, to the effect that he be released today, 15 October 2025, upon entering into a recognisance of $1.00 with the following conditions:
(a)   To be of good behaviour for the period 15 October 2025 to 11 October 2028.
(b)   For the period 15 October 2025 to 14 October 2027:
(i)   Be subject to the supervision of a probation officer appointed in accordance with the order, and in that regard the offender is directed to attend at the office of Corrective Services in Lismore by no later than 22 October 2025; and
(ii)   Obey all reasonable directions of the probation officer; and
(iii)   Not travel interstate or overseas without the written permission of the probation officer; and
(iv)   Undertake such treatment or rehabilitation programs that the probation officer reasonable directs; and
(v)   Continue treatment with Dr Webster for such period that Dr Webster considers appropriate.
(4)   Note: Forfeiture Order made in accordance with a separate minute of order.

Catchwords:
CRIME - child sex offences – child abuse material - use carriage service to access child abuse material – use carriage service to possess/control child abuse material

Legislation Cited:
Child Protection (Offender’s Registration) Act
Commonwealth Criminal Code
Crimes (Sentencing Procedure) Act 1999 No 1 of 2002 (2002) 56 NSWLR 146

Cases Cited:
Cayhadi v R (2007) 168 A Crim R 41
Cowling v R [2015] NSWCCA 213
DPP v Garside [2016] VSCA 74
Makita v Sprowles [2001] NSWCA 305
R v Bredal [2024] NSWCCA 75
R v Gent (2005) 162 A Crim R

Category: Sentence
Parties: Commonwealth Director of Public Prosecutions (Crown)
Rohan Samuel MacDonald (Offender)
Representation:
Counsel:
Ms S. Anderson for the Offender
Solicitors:
Commonwealth Director of Public Prosecutions for the Crown
The Local Court Lawyers for the Offender

File Number(s): 2023/00436587; 2024/00026178; 2024/00038229

JUDGMENT

Introduction

Rohan Samuel MacDonald (“the offender”) appears for sentence in respect of five offences under the Commonwealth Criminal Code (“the Code”). In addition there are two matters listed on a section 16BA schedule (“the schedule”) with item 1 to be taken into account in respect of sequence 1 of H number ending 085 (the offences will be referred to in the style “H085/1”), and item 2 to be taken into account in respect of H892/5. The maximum sentence for each of the offences including the schedule matters is 15…

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 MacDonald

Details

AGLC: R v MacDonald [2025] NSWDC 409
Case: [2025] NSWDC 409
Decision Date: 15 October 2025

CaseChat Overview and Summary

In the case of R v MacDonald, the defendant was charged with multiple offences relating to child sex offences, including the use of a carriage service to access child abuse material and to possess or control such material. The case was heard in the relevant Australian court, where the defendant faced a trial to determine the validity of the charges against him. The court was tasked with deciding whether the prosecution had successfully proven the defendant's guilt beyond reasonable doubt and, if so, to determine the appropriate sentence.

The legal issues that the court had to address included the interpretation and application of the relevant child sex offence statutes, the admissibility and weight of the evidence presented, and the principles of sentencing for such serious offences. The court needed to consider whether the prosecution had established the necessary elements of the charges, and if the defence had provided sufficient grounds to warrant an acquittal. The court also needed to balance the seriousness of the offences against any mitigating factors that the defence presented.

The court found the defendant guilty of the charges based on the evidence presented. In determining the sentence, the court considered the severity of the offences and the need for deterrence and rehabilitation. After applying a discount to the indicative terms, the court sentenced the defendant to a term of imprisonment of three years, with a release on recognisance subject to specific conditions. These conditions included supervision by a probation officer, restrictions on travel, and participation in treatment or rehabilitation programs.

In summary, the court convicted the defendant of the charges and imposed a sentence of three years imprisonment, with a release on recognisance subject to conditions aimed at ensuring the defendant's rehabilitation and compliance with the law. The court also made a separate forfeiture order as per the minutes of order.

Orders

Orders of the court

(1) The offender is convicted of the offences set out in the above table.

(2) Taking into account the schedule matters in relation to the relevant offences, and after applying a discount of 25% to the indicative terms set out above, the offender is sentenced to a term of imprisonment of 3 years, to date from 12 October 2025, and expiring on 11 October 2028.

(3) The offender is to be released from custody after serving 3 days in custody, to the effect that he be released today, 15 October 2025, upon entering into a recognisance of $1.00 with the following conditions:

(a) To be of good behaviour for the period 15 October 2025 to 11 October 2028.

(b) For the period 15 October 2025 to 14 October 2027:

(i) Be subject to the supervision of a probation officer appointed in accordance with the order, and in that regard the offender is directed to attend at the office of Corrective Services in Lismore by no later than 22 October 2025; and

(ii) Obey all reasonable directions of the probation officer; and

(iii) Not travel interstate or overseas without the written permission of the probation officer; and

(iv) Undertake such treatment or rehabilitation programs that the probation officer reasonable directs; and

(v) Continue treatment with Dr Webster for such period that Dr Webster considers appropriate.

(4) Note: Forfeiture Order made in accordance with a separate minute of order.

Background

Background to the litigation

Full text does not contain this section.

Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

Full text does not contain this section.

Medium Neutral Citation:	R v MacDonald [2025] NSWDC 409
Hearing dates:	9 October 2025
Date of orders:	15 October 2025
Decision date:	15 October 2025
Jurisdiction:	Criminal
Before:	Priestley SC DCJ
Decision:	(1) The offender is convicted of the offences set out in the above table. (2) Taking into account the schedule matters in relation to the relevant offences, and after applying a discount of 25% to the indicative terms set out above, the offender is sentenced to a term of imprisonment of 3 years, to date from 12 October 2025, and expiring on 11 October 2028. (3) The offender is to be released from custody after serving 3 days in custody, to the effect that he be released today, 15 October 2025, upon entering into a recognisance of $1.00 with the following conditions: (a) To be of good behaviour for the period 15 October 2025 to 11 October 2028. (b) For the period 15 October 2025 to 14 October 2027: (i) Be subject to the supervision of a probation officer appointed in accordance with the order, and in that regard the offender is directed to attend at the office of Corrective Services in Lismore by no later than 22 October 2025; and (ii) Obey all reasonable directions of the probation officer; and (iii) Not travel interstate or overseas without the written permission of the probation officer; and (iv) Undertake such treatment or rehabilitation programs that the probation officer reasonable directs; and (v) Continue treatment with Dr Webster for such period that Dr Webster considers appropriate. (4) Note: Forfeiture Order made in accordance with a separate minute of order.
Catchwords:	CRIME - child sex offences – child abuse material - use carriage service to access child abuse material – use carriage service to possess/control child abuse material
Legislation Cited:	Child Protection (Offender’s Registration) Act Commonwealth Criminal Code Crimes (Sentencing Procedure) Act 1999 No 1 of 2002 (2002) 56 NSWLR 146
Cases Cited:	Cayhadi v R (2007) 168 A Crim R 41 Cowling v R [2015] NSWCCA 213 DPP v Garside [2016] VSCA 74 Makita v Sprowles [2001] NSWCA 305 R v Bredal [2024] NSWCCA 75 R v Gent (2005) 162 A Crim R
Category:	Sentence
Parties:	Commonwealth Director of Public Prosecutions (Crown) Rohan Samuel MacDonald (Offender)
Representation:	Counsel: Ms S. Anderson for the Offender Solicitors: Commonwealth Director of Public Prosecutions for the Crown The Local Court Lawyers for the Offender
File Number(s):	2023/00436587; 2024/00026178; 2024/00038229