District Court
New South Wales
- Amendment notes
Medium Neutral Citation: R v RDT (a pseudonym) [2019] NSWDC 596 Hearing dates: 30 August 2019 Date of orders: 20 September 2019 Decision date: 20 September 2019 Jurisdiction: Criminal Before: Buscombe DCJ Decision: Sentenced to an aggregate sentence of 20 years imprisonment with an aggregate non-parole period of 15 years.
Catchwords: CRIME — Child sex offences — Disseminate child abuse material
CRIME — Child sex offences — Conspiracy to have sexual intercourse with child <10 — Procuring or grooming child for unlawful sexual activity — Sexual intercourse with child <10Legislation Cited: Crimes (Sentencing Procedure) Act Cases Cited: Muldrock v The Queen (2011) 244 CLR 120
R v Egan [2016] NSWCCA 285Category: Sentence Parties: Director of Public Prosecutions (Crown)
RDT (Offender)Representation: Counsel:
Solicitors:
S Sloane (Crown)
S Loomes (Offender)
C Hurford (Crown)
M Stidwill (Offender)
File Number(s): 2015/00310471, 2016/00262074 Publication restriction: Statutory non-publication order applies to the identity of victims.
SENTENCE
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HIS HONOUR: The offender is to be sentenced in relation to a number of offences which I will set out shortly. The facts concerning the offending are very distressing and I consider it appropriate to make mention of that fact because it will be necessary for me to read onto the record the facts. The members of the public in the courtroom should understand that they will hear a recitation of them in my remarks.
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The offender is to be sentenced having pleaded guilty to the following offences: That between 18 August 2015 and 12 October 2015 at Schofields he conspired with JF to have sexual intercourse with RF, a child then under the age of ten years, namely, six to eight months of age. That is an offence under the common law, so effectively the maximum penalty is at large. However, the maximum penalty for the substantive offence under s 66A(1) of the Crimes Act at the relevant time was life imprisonment. The substantive offence had an applicable standard non-parole period of 15 years’ imprisonment. I have used the maximum penalty and the standard non-parole period as a guide for the imposition of sentence on that count.
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The second 2015 offence, as I will call them, is that between 12 October 2015 and 22 October 2015 at Schofields he intentionally attempted to procure a child under 14 years, namely eight months of age, for unlawful sexual activity. That is an offence under s 66EB(2) of the Crimes Act and has a maximum penalty of 15 years’ imprisonment with an applicable standard non-parole period of six years.
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The third of the 2015 offences is that between 24 August 2015 and 30 September 2015 he disseminated child abuse material. That is an offence under s 91H(2) of the Crimes Act and has a maximum penalty of ten years’ imprisonment, and there is no applicable standard non-parole period.
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The fourth and final 2015 offence is that between the same dates and at the same place as the last offence he disseminated child…
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- AGLC
- R v RDT (a pseudonym) [2019] NSWDC 596
- Case
- [2019] NSWDC 596
- Decision Date
CaseChat Overview and Summary
The legal issues the court needed to address included the appropriate sentencing principles to apply, given the severity and nature of the offences, and how to balance the need for punishment with the possibility of rehabilitation. The court had to consider the impact of the offences on the victims, the degree of RDT's culpability, and the principles of deterrence and denunciation. Additionally, the court needed to determine an appropriate aggregate sentence that reflected the cumulative seriousness of the charges.
In its judgment, the court emphasised the heinous nature of the crimes committed by RDT. It noted the significant harm caused to the victims, who were children, and the community's interest in protecting children from such exploitation and abuse. The court considered various sentencing principles, including the need for specific and general deterrence, and the necessity to ensure that RDT does not pose a future risk to children. It also took into account RDT's guilty plea and remorse. Ultimately, the court sentenced RDT to an aggregate sentence of 20 years imprisonment, with an aggregate non-parole period of 15 years.
Orders
Orders of the court
Sentenced to an aggregate sentence of 20 years imprisonment with an aggregate non-parole period of 15 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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