R v Vaughan Mark Hildebrand (No. 1) [2019] NSWDC 957

District Court New South Wales

Medium Neutral Citation: R v Vaughan Mark Hildebrand (No. 1) [2019] NSWDC 957 Hearing dates: 26 – 27 September 2019 Date of orders: 27 September 2019 Decision date: 27 September 2019 Jurisdiction: Criminal Before: Tupman DCJ Decision: 10 offences contrary to s 474.17(1) of the Criminal Code Act 1995 (Cth) – Sentenced to an aggregate term of imprisonment of 5 years with a 3 year non-parole period. 1 offence contrary to s 474.19(1) of the Criminal Code Act 1995 (Cth) – Sentenced to a term of imprisonment of 3 years. 11 offences contrary to s 61I of the Crimes Act 1900 (NSW) – Sentenced to a term of imprisonment of 3 years with a non-parole period of 2 years. 1 offence contrary to the common law offence of 'wilful misconduct in public office' – Sentenced to a term of imprisonment of 3 years. 1 offence contrary to s 7(1) of the Weapons Prohibition 1998 (NSW) – Sentenced to a term of imprisonment of 3 years with a non-parole period of 2 years. 2 offences contrary to s 192J of the Crimes Act 1900 (NSW) – Sentenced to a term of imprisonment of 3 years.

Catchwords: CRIME – Combination of NSW, Commonwealth Offences and Common Law Offence - Sexual intercourse without consent – Use carriage service to menace or harass– Using carriage service to solicit child pornography – Possess prohibited weapon – Dealing with identity information with intent to committing indictable offence – Wilful misconduct in public office – 26 substantive offences – 18 additional offences taken into account on sentencing – 15 female victims – Offending over 10 years aged between 18 and 28 – Offender started offending at 18 years old – Offender was a serving police officer during the later offences – Offender acted callously and in a manipulative way, threatened women, often family friends and work colleagues, into sending sexually explicit photos or engaging in sexual acts online for the purpose of forcing them to engage in sexual intercourse with him – Offender acknowledged guilt, some insight into impact on victims and had relatively good prospects of rehabilitation – PTSD from police service but no connection with offending – Combination of aggregate sentences with indicative terms, fixed terms, separate sentences and assessment partial accumulation of all sentences after assessment of overall criminality.