R v Miner (a pseudonym)

Case [2025] NSWDC 117


District Court


New South Wales

Medium Neutral Citation: R v Miner (a pseudonym) [2025] NSWDC 117
Hearing dates: 14 February 2025
Date of orders: 14 February 2025
Decision date: 14 February 2025
Jurisdiction:Criminal
Before: Haesler SC DCJ
Decision:

Sentence of imprisonment of 6 years with a non-parole period of 4 years

Catchwords:

CRIME — Child sex offences — Intentionally sexually touch child <10 — Intentionally carry out sexual act with child <10 — Intentionally incite child <10 to do sexual act to them

SENTENCING — Aggravating factors — Breach of trust — Father offends against daughter — Age of child

SENTENCING — Mitigating factors — Prior good character — Plea of guilty

SENTENCING — Penalties — Imprisonment

SENTENCING — Relevant factors on sentence — Deterrence — General deterrence — General principles — Moral culpability Multiple offences — Totality — Objective seriousness

SENTENCING — Sentencing procedure — Agreed facts — No traversal of pleas of guilty — Instinctive synthesis — Rejection of offender’s assertion about his motive — Psychological reports

SENTENCING — Subjective considerations on sentence —Personal history — Mental health disorders

Legislation Cited:

Children (Criminal Proceedings) Act 1987 (NSW)

Crimes Act 1900 (NSW)

Crimes (Sentencing Procedure) Act 1999 (NSW)

Cases Cited:

Bugmy v The Queen [2013] HCA 37; (2013) 249 CLR 571

Devaney v R [2012] NSWCCA 285

Markarian v The Queen [2005] HCA 25; (2005) 228 CLR 357

Meissner v The Queen [1995] HCA 41; (1994-1995) 184 CLR 132

Mill v The Queen [1988] HCA 70; (1988) 166 CLR 59

MRWv R [2011] NSWCCA 260

Olbrich v The Queen [1999] HCA 54; (1999) 199 CLR 270

R v Elfar [2003] NSWCCA 358

R vGeddes (1936) 36 SR (NSW) 554

R v Herring (1956) 73 WN (NSW) 203

R v Holder; R v Johnston [1983] 3 NSWLR 245

R v JDX; JDX v R [2017] NSWCCA 9

R v PGM [2008] NSWCCA 172

R v Simpson [2001] NSWCCA 534; 53 NSWLR 704

R v Thompson, R v Houlten [2000] NSWCCA 309; (2000) 49 NSWLR 383

R v Van Ryn [2016] NSWCCA 1

R v Windle [2012] NSWCCA 222

Ryan v R [2017] NSWCCA 209

Ryan v The Queen [2001] HCA 21; (2001) 206 CLR 267

Tepania v R [2018] NSWCCA 247

Weininger v The Queen [2013] HCA 14; (2003) 212 CLR 629

Texts Cited:

D T Kenny, “The Social Dynamics and Impacts of Institutional Child Sexual Abuse” (September 2017) 29 Judicial Officer’s Bulletin 8

Category:Sentence
Parties: Wade Miner (a pseudonym) (the offender)
Public Prosecutions (NSW) (Crown)
Representation:

Counsel:
K Hogan (for the offender)

Solicitors:
Legal Aid (NSW) (for the offender)
R Taylor solicitor advocate for Public Prosecutions (NSW) (Crown)
File Number(s): 2023/300872
Publication restriction: Pseudonyms have been used for the names of the offender and the child. Pursuant to s 15A Children (Criminal Proceedings) Act 1987 (NSW), there is to be no publication of any information, picture or other material that identifies or is likely to lead…

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Details
AGLC
R v Miner (a pseudonym) [2025] NSWDC 117
Case
[2025] NSWDC 117
Decision Date

CaseChat Overview and Summary

In the matter of R v Miner, the defendant was convicted of multiple counts of intentionally sexually touching a child. The case was heard in the relevant Australian court, where the primary focus was on determining an appropriate sentence. The legal issues that the court needed to address included the identification of aggravating and mitigating factors, the objective seriousness of the offences, and the appropriate penalty. The court had to consider the breach of trust given that the offender was the victim's father, the young age of the child, the offender's prior good character, and his plea of guilty.

The court gave considerable weight to the aggravating factors, particularly the breach of trust and the father's abuse of his position towards his daughter. The psychological reports presented were also crucial in understanding the offender's mental health disorders. However, the court also acknowledged the mitigating factor of the offender's plea of guilty and his prior good character. In terms of sentencing, the court focused on general deterrence, moral culpability, and the objective seriousness of the offences. The totality principle was also considered to ensure the sentence was proportionate.

The court ultimately determined that a sentence of imprisonment was necessary, reflecting the gravity of the offences. The sentence was set at six years with a non-parole period of four years. This decision was based on the instinctive synthesis of the facts, the rejection of the offender's assertions about his motives, and the need to uphold the principles of justice, deterrence, and moral culpability. The court's ruling took into account both the aggravating and mitigating factors, ensuring a balanced and just outcome.

Orders

Orders of the court

Sentence of imprisonment of 6 years with a non-parole period of 4 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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