R v Smith

Case [2025] NSWDC 374


District Court


New South Wales

Medium Neutral Citation: R v Smith [2025] NSWDC 374
Hearing dates: 22 May 2025
Date of orders: 27 June 2025
Decision date: 27 June 2025
Jurisdiction:Criminal
Before: Sutherland SC DCJ
Decision:

Aggregate sentence of 8 years with a non-parole period of 6 years, at [139].

Catchwords:

SENTENCING – Child sex offences – Possess child abuse material – Sexual intercourse with child >14 <16 – Procure child for unlawful sexual activity – Form 1 offences and uncharged acts

SENTENCING – Offender on conditional liberty at time of offending – On parole for similar offences – Present offending an escalation in behaviour – Breach of Child Protection (Offenders Registration) obligations – Lack of insight into offending

CRIME – Met child via encrypted social media and communications application – Sent child abuse material and pornography to child – Offered to purchase items for child – Arranged to meet child in person before school – Provided child with methylamphetamine immediately prior to assault – Sexual intercourse in public park toilet block – Filmed assault – Child in school uniform at time of assault

Legislation Cited:

Child Protection (Offenders Registration) Act 2000 ss 9, 11, 17,

Crimes (Sentencing Procedure) Act 1999 ss 5, 21A, 53A

Crimes Act 1900 ss 66C, 66EB, 91H

Criminal Procedure Act 1986 s 166

Drug Misuse and Trafficking Act 1985 s 10

Cases Cited:

Attorney General’s Application under s 37 of the Crimes (Sentencing Procedure) Act 1999 No 1 of 2002 (2002) 56 NSWLR 146

Brown v R [2023] NSWCCA 330

Callaghan v R [2006] NSWCCA 58

EG v R [2015] NSWCCA 21

Milliner v R [2019] NSWCCA 127

Minehan v R [2010] NSWCCA 140

R v Baker [2020] NSWDC 615

R v Cassell [2022] NSWDC 471

R v Danielle Pana (a pseudonym) [2021] NSWDC 798

R v De Simoni (1981) 147 CLR 383; [1981] HCA 31

R v Dee Leeuw [2015] NSWCCA 183

R v DW [2012] NSWCCA 66

R v Lovas [2024] NSWDC 44

R v Smith [2016] NSWCCA 75

R v Till [2024] NSWDC 298

R v Wilkinson [2020] NSWDC 914

Tector v R [2008] NSWCCA 151

ZA v R [2018] NSWCCA 116

Category:Sentence
Parties: Rex (Crown)
William Henry Smith (Offender)
Representation:

Counsel:
J Sfinas (Crown)
A Radojev (Offender)

Solicitors:
Office of the Director of Public Prosecutions (NSW) (Crown)
Paul Reynolds General and Criminal Law Practice (Offender)
File Number(s): 2023/00274190
Publication restriction:

Pursuant to section 15A of the Children (Criminal Proceedings) Act 1987 and section 578A of the Crimes Act 1900, publication of the name of, or any matter which could identify, the victim is prohibited.

This judgment has been redacted to exclude any reference to locations at which the child was met or any geographical information which might identify where she went to school.

JUDGMENT

  1. William Henry Smith appears for sentence in respect of 5 substantive offences relating to the sexual abuse of children. The offending took place between 24 and 28 August 2023. The offender was arrested and…

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Details
AGLC
R v Smith [2025] NSWDC 374
Case
[2025] NSWDC 374
Decision Date

CaseChat Overview and Summary

The case of R v Smith involved the sentencing of the defendant, Smith, who had been found guilty of multiple serious child sex offences. Smith had met a child through an encrypted social media application, communicated with the child, and sent them child abuse material and pornography. He further arranged to meet the child in person, provided them with methylamphetamine, and engaged in sexual intercourse in a public park toilet block. The child was in school uniform at the time of the assault, and Smith filmed the incident. Smith had previously been convicted of similar offences and was on parole at the time of the current offending. He was also in breach of his Child Protection (Offenders Registration) obligations and showed a lack of insight into his offending.

The primary legal issues before the court were the appropriate sentence for the multiple offences committed by Smith, and whether the sentences should be concurrent or consecutive. The court also had to consider the circumstances of the offending, including Smith’s previous history of similar offences, his lack of insight, and his breach of parole conditions and Child Protection (Offenders Registration) obligations. The court was required to balance the need for punishment, deterrence, and rehabilitation in determining the appropriate sentence.

The court acknowledged the gravity of Smith’s offending and the serious harm caused to the child victim. It noted that the offending represented an escalation in Smith’s behaviour, given his previous convictions and parole conditions. The court found that Smith’s offending demonstrated a high degree of premeditation and a significant breach of the trust placed in him as a member of the community. Despite Smith’s previous rehabilitation efforts, the court found that his lack of insight into his offending and his failure to comply with his obligations indicated a substantial risk of reoffending. The court determined that an aggregate sentence of 8 years with a non-parole period of 6 years was appropriate, with the sentences to run concurrently to ensure the safety of the community and to provide Smith with an opportunity for rehabilitation.

The court ordered that Smith be sentenced to an aggregate term of 8 years imprisonment with a non-parole period of 6 years. The sentences were to run concurrently, reflecting the court’s consideration of the need to balance punishment, deterrence, and rehabilitation. The court emphasised the importance of protecting the community and providing Smith with an opportunity for rehabilitation, despite his history of offending and lack of insight.

Orders

Orders of the court

Aggregate sentence of 8 years with a non-parole period of 6 years, at [139].

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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