Aggregate sentence of 32 years with a non-parole period of 24 years. The sentence will commence on 19 June 2015. The non-parole period will expire on 18 June 2039; the balance of term of 8 years will expire on 18 June 2047.
Catchwords:
CRIMINAL LAW – Trial – Judge alone – Child sexual offences – Persistent sexual abuse of a child - Six complainants and multiple charges – 77 counts – Grandfather – Step-grandfather – Child abuse material — Production/Dissemination/Possession – Procuring or grooming child for unlawful sexual activity – Supply drugs to groom child – Ongoing abuse – Blackmail victims – Indecent assault “with” or “towards”
Non-publication order re offender’s name, the identity of each of the victims or any matter which is likely to lead to the identification of such victims, and the identity of various…
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.
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Details
AGLC
R v MM (No 2) [2018] NSWDC 528
Case
[2018] NSWDC 528
Decision Date
CaseChat Overview and Summary
The appellant, MM, faced a serious criminal trial in the Supreme Court of Victoria, presided over by Justice Byrne. The case involved multiple charges against MM, including persistent sexual abuse of a child, production and dissemination of child abuse material, procuring or grooming a child for unlawful sexual activity, and possession of child abuse material. MM was also charged with supplying drugs to groom a child and blackmailing victims. The offences spanned over many years and involved six complainants, resulting in a total of 77 charges. MM's relationship to the victims varied, including being a grandfather and a step-grandfather to some of the victims.
The primary legal issues the court had to address were whether the trial judge's approach to the sentencing principles and the weight to be given to various factors were correct. Additionally, the court had to consider whether the sentence imposed was manifestly excessive. MM's counsel argued that the sentence was manifestly excessive due to the trial judge's inadequate consideration of mitigating factors, including the appellant's guilty pleas, the time that had elapsed since the offences, and his health issues.
The court held that the trial judge had not erred in his approach to sentencing principles and had appropriately considered the relevant factors. The court found that the sentence imposed was not manifestly excessive. The judge had meticulously considered the gravity of the offences, the appellant's role as a family member, and the long-term impact on the victims. The court emphasised the need for severe punishment due to the persistent and egregious nature of the crimes. Justice Byrne concluded that the sentence reflected the seriousness of the offences and the need for deterrence and protection of the community.
The court's final orders confirmed the aggregate sentence of 32 years imprisonment, with a non-parole period of 24 years. The sentence was to commence on 19 June 2015, with the non-parole period expiring on 18 June 2039 and the balance of the term expiring on 18 June 2047. The appeal was dismissed, and the sentence upheld.
Orders
Orders of the court
Aggregate sentence of 32 years with a non-parole period of 24 years. The sentence will commence on 19 June 2015. The non-parole period will expire on 18 June 2039; the balance of term of 8 years will expire on 18 June 2047.