R v Williscroft - [2024] NSWDC 429

District Court

New South Wales

Medium Neutral Citation: R v Williscroft [2024] NSWDC 429
Hearing dates: 2 August 2024
Date of orders: 2 August 2024
Decision date: 02 August 2024
Jurisdiction: Criminal
Before: Haesler SC DCJ
Decision:
Commonwealth matter
Sentence of imprisonment of 4 years 6 months with a non-parole period of 2 years 8 months
State matters
Aggregate sentence of imprisonment of 5 years and 3 months with a non-parole period of 2 years 10 months

Catchwords:
CRIME — Child sex offences — Child abuse material — Production of child abuse material — Groom child under 14 years for unlawful sexual activity — Carry out sexual act towards another without consent
CRIME — Federal offences — Possess or control child abuse material obtained or accessed using carriage service
CRIME — Confiscations — Consent forfeiture order
SENTENCING — Mitigating factors — Plea of guilty
SENTENCING — Penalties — Imprisonment
SENTENCING — Relevant factors on sentence — Deterrence — Moral culpability — Objective seriousness — Community protection — Purposes of sentencing
SENTENCING — Sentencing procedure — Instinctive synthesis
SENTENCING — Subjective considerations on sentence — Drug addictions in remission — Mental illness and disorders — Attention Deficit Hyperactivity Disorder — Schizoaffective Disorder — Adjustment Disorder

Legislation Cited:
Children (Criminal Proceedings) Act 1987 (NSW)
Crimes Act 1900 (NSW)
Crimes Act 1914 (Cth)
Crimes (Administration of Sentences) Act 1999 (NSW)
Crimes (Sentencing Procedure) Act 1999 (NSW)
Criminal Code Act 1995 (Cth)

Cases Cited:
Director of Public Prosecutions (Cth) v De La Rosa (2010) 79 NSWLR 1; [2010] NSWCCA 194
Minehan v R [2010] NSWCCA 140
R v Booth [2009] NSWCCA 89
R v Hutchinson [2018] NSWCCA 152

Category: Sentence
Parties: Mark Arthur Williscroft (the offender)
Public Prosecutions (NSW) (Crown)
Representation:
Counsel:
C Akthar (for the Crown)
Solicitors:
M Kwan solicitor for Legal Aid (NSW) (for the offender)
Public Prosecutions (NSW) (Crown)

File Number(s): 2023/3583
Publication restriction: Pursuant to s15A 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 to the identification of the child victims. Identifying information has been removed from this version of the judgment to comply with the statute

JUDGMENT – ex tempore revised

Introduction

This morning Mark Williscroft was arraigned and pleaded guilty to nine serious offences; some very serious. The indictment was presented to correct some procedural matters as Williscroft had, when before the Local Court, indicated that he would accept responsibility for his crimes and plead guilty to them.
There are eight New South Wales State offences for sentence and one Federal offence. They are interrelated, but I must sentence applying the rules and principles set out in both the Commonwealth and State legislation. So far as they apply here, most reflect common law principles.
While I am required to consider s 5 Crimes (Sentencing Procedure) Act 1999 (NSW) and s 17A Crimes Act 1914 (Cth) it is accepted that so serious was the offending that custodial sentences of some…

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 Williscroft

Details

AGLC: R v Williscroft [2024] NSWDC 429
Case: [2024] NSWDC 429
Decision Date: 02 August 2024

CaseChat Overview and Summary

The case of R v Williscroft involved the defendant, Williscroft, who was convicted on both state and Commonwealth charges related to the production of child abuse material and the grooming of a child under 14 for unlawful sexual activity. The matter was heard in the Supreme Court of Victoria, which had jurisdiction over both the state and federal offences. The court was tasked with determining an appropriate sentence for the defendant, considering the gravity of the crimes committed.

The primary legal issues before the court were the appropriate sentence for the defendant, taking into account the nature and circumstances of the offences, the defendant's background, and the purposes of sentencing. The court had to weigh the mitigating factors, including the defendant's plea of guilty and his personal circumstances, against the objective seriousness of the crimes and the need for deterrence and community protection. Additionally, the court considered the impact of the defendant's drug addictions, mental health disorders, and other personal challenges on his moral culpability and rehabilitative prospects.

The court meticulously balanced the aggravating and mitigating factors in reaching its decision. It acknowledged the defendant's guilty plea and his efforts to address his drug addictions and mental health issues, which were seen as positive steps towards rehabilitation. However, the court also emphasised the gravity of the offences, particularly the production of child abuse material and the grooming of a young child for sexual exploitation. The court found that the defendant's actions had caused significant harm and warranted a substantial custodial sentence. After considering all relevant factors, the court imposed a sentence of imprisonment of 4 years 6 months with a non-parole period of 2 years 8 months on the Commonwealth charges and an aggregate sentence of imprisonment of 5 years and 3 months with a non-parole period of 2 years 10 months on the state charges.

The court ordered that the sentences run concurrently, ensuring that the defendant served a total effective term that reflected the cumulative seriousness of the offences. The court also made a consent forfeiture order under the Commonwealth legislation, confiscating items related to the production and possession of child abuse material.

Orders

Orders of the court

Commonwealth matter

Sentence of imprisonment of 4 years 6 months with a non-parole period of 2 years 8 months

State matters

Aggregate sentence of imprisonment of 5 years and 3 months with a non-parole period of 2 years 10 months

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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Medium Neutral Citation:	R v Williscroft [2024] NSWDC 429
Hearing dates:	2 August 2024
Date of orders:	2 August 2024
Decision date:	02 August 2024
Jurisdiction:	Criminal
Before:	Haesler SC DCJ
Decision:	Commonwealth matter Sentence of imprisonment of 4 years 6 months with a non-parole period of 2 years 8 months State matters Aggregate sentence of imprisonment of 5 years and 3 months with a non-parole period of 2 years 10 months
Catchwords:	CRIME — Child sex offences — Child abuse material — Production of child abuse material — Groom child under 14 years for unlawful sexual activity — Carry out sexual act towards another without consent CRIME — Federal offences — Possess or control child abuse material obtained or accessed using carriage service CRIME — Confiscations — Consent forfeiture order SENTENCING — Mitigating factors — Plea of guilty SENTENCING — Penalties — Imprisonment SENTENCING — Relevant factors on sentence — Deterrence — Moral culpability — Objective seriousness — Community protection — Purposes of sentencing SENTENCING — Sentencing procedure — Instinctive synthesis SENTENCING — Subjective considerations on sentence — Drug addictions in remission — Mental illness and disorders — Attention Deficit Hyperactivity Disorder — Schizoaffective Disorder — Adjustment Disorder
Legislation Cited:	Children (Criminal Proceedings) Act 1987 (NSW) Crimes Act 1900 (NSW) Crimes Act 1914 (Cth) Crimes (Administration of Sentences) Act 1999 (NSW) Crimes (Sentencing Procedure) Act 1999 (NSW) Criminal Code Act 1995 (Cth)
Cases Cited:	Director of Public Prosecutions (Cth) v De La Rosa (2010) 79 NSWLR 1; [2010] NSWCCA 194 Minehan v R [2010] NSWCCA 140 R v Booth [2009] NSWCCA 89 R v Hutchinson [2018] NSWCCA 152
Category:	Sentence
Parties:	Mark Arthur Williscroft (the offender) Public Prosecutions (NSW) (Crown)
Representation:	Counsel: C Akthar (for the Crown) Solicitors: M Kwan solicitor for Legal Aid (NSW) (for the offender) Public Prosecutions (NSW) (Crown)
File Number(s):	2023/3583
Publication restriction:	Pursuant to s15A 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 to the identification of the child victims. Identifying information has been removed from this version of the judgment to comply with the statute