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Wormald v The King

Wormald v The King

Case [2025] NSWCCA 140 12 September 2025

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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

WRIGHT J: I agree with Sweeney J.
WEINSTEIN J: I agree with Sweeney J.
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.
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.
The New South Wales offences were a common assault, two offences of sexual touching of students,…

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 Wormald v The King

Details

AGLC: Wormald v The King [2025] NSWCCA 140
Case: [2025] NSWCCA 140
Decision Date: 12 September 2025

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