Wormald v The King

Case [2025] NSWCCA 140


Court of Criminal Appeal


Supreme Court


New South Wales

Medium Neutral Citation: Wormald v R [2025] NSWCCA 140
Hearing dates: 30 July 2025
Date of orders: 12 September 2025
Decision date: 12 September 2025
Before: Wright J at [1];
Weinstein J at [2];
Sweeney J at [3]
Decision:

(1) Grant leave to appeal.

(2) Dismiss the appeal.

Catchwords:

CRIME – appeals – appeal against sentence – Commonwealth child abuse material offences – State offences of common assault, sexual touching and possessing child abuse material – whether the sentencing judge erred in his findings as to the degree of deception practiced by the applicant in his offending and his use of insights gained from his teaching career – whether the aggregate sentence in respect of the Commonwealth offences was manifestly excessive – whether the overall effective sentence was manifestly excessive as a result of the asserted errors – leave to appeal granted – appeal dismissed

Legislation Cited:

Crimes Act 1900 (NSW), s 578A

Crimes Act 1914 (Cth), ss 16A, 16BA, 19

Criminal Code (Cth), ss 474.22(1), 474.27A(1)

Cases Cited:

He v Sun (2021) 104 NSWLR 518; [2021] NSWCA 95

Hili v The Queen (2010) 242 CLR 520; [2010] HCA 45

House v The King (1936) 55 CLR 499; [1936] HCA 40

Mulato v R [2006] NSWCCA 282

Newman (a pseudonym) v R [2019] NSWCCA 157

GP (a pseudonym) v R [2021] NSWCCA 180

Kentwell v The Queen (2014) 252 CLR 601; [2014] HCA 37

Obeid v The Queen (2017) 96 NSWLR 155; [2017] NSWCCA 221

Ocek v R [2023] NSWCCA 308

R v Gent [2005] NSWCCA 370

R v Hutchinson [2018] NSWCCA 152

R v Jeffery [2021] NSWCCA 221

R v Whaley [2020] NSWDC 517

R v White [2025] NSWCCA 111

Woods v R [2024] NSWCCA 186

Category:Principal judgment
Parties: Aaron Wormald (Applicant)
Rex (Respondent)
Representation:

Counsel:
P Rosser KC / M Preece (Applicant)
M Millward (Respondent)

Solicitors:
Hamilton Janke Lawyers (Applicant)
Office of the Director of Public Prosecutions (NSW) (Respondent)
File Number(s): 2022/00189747
Publication restriction: Statutory non-publication orders apply under s 578A of the Crimes Act 1900 (NSW) and s 15A of the Children (Criminal Proceedings) Act 1987 (NSW)
 Decision under appeal 
Court or tribunal:
District Court of New South Wales
Jurisdiction:
Criminal
Date of Decision:
09 May 2024
Before:
Turnbull SC DCJ
File Number(s):
2022/00189747

JUDGMENT

  1. WRIGHT J: I agree with Sweeney J.

  2. WEINSTEIN J: I agree with Sweeney J.

  3. SWEENEY J: Aaron Wormald, the applicant, seeks leave to appeal against the aggregate sentence imposed upon him for Commonwealth child abuse material offences, and the total effective sentence imposed upon him for Commonwealth and State offences, by Judge Turnbull SC in the District Court on 9 May 2024.

  4. The applicant had pleaded guilty to all offences in the Local Court and a 25% discount was applied to the indicative sentence for each State and Commonwealth offence.

  5. The New South Wales offences were a common assault, two offences of sexual touching of students,…

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Details
AGLC
Wormald v The King [2025] NSWCCA 140
Case
[2025] NSWCCA 140
Decision Date

CaseChat Overview and Summary

The appeal in Wormald v The King concerned the sentence handed down to the applicant by a lower court. The applicant was found guilty of Commonwealth offences related to child abuse material, as well as State offences of common assault, sexual touching, and possessing child abuse material. The applicant sought leave to appeal against the sentence, arguing that the sentencing judge had erred in his findings regarding the degree of deception involved in the offending and the insights gained from the applicant's teaching career. The applicant also argued that the aggregate sentence in respect of the Commonwealth offences was manifestly excessive, as was the overall effective sentence due to the asserted errors.

The court was required to determine whether the sentencing judge had erred in his findings regarding the deception and insights gained from the applicant's teaching career. The court also had to consider whether the aggregate sentence for the Commonwealth offences was manifestly excessive, as well as whether the overall effective sentence was manifestly excessive as a result of the asserted errors.

The court found that the sentencing judge had not erred in his findings regarding the degree of deception and insights gained from the applicant's teaching career. The court also found that the aggregate sentence for the Commonwealth offences was not manifestly excessive. As a result, the court dismissed the appeal. The court found that the sentencing judge had taken into account all relevant factors and had exercised his discretion appropriately in imposing the sentence. The court also found that the overall effective sentence was not manifestly excessive, given the seriousness of the offences and the need to deter and protect the community.

Orders

Orders of the court

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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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