R v Cadman [2023] NSWDC 661

District Court New South Wales

Medium Neutral Citation: R v Cadman [2023] NSWDC 661 Hearing dates: 22 November 2023 Date of orders: 22 November 2023 Decision date: 22 November 2023 Jurisdiction: Criminal Before: Tupman DCJ Decision: 1. Offender is convicted. 2. Offender is sentenced to an aggregate term of imprisonment of 4 years with a NPP of 2 years. 3. Two Form 1 offences taken into account. Catchwords: CRIME – sentence – 6 substantive offences – two Form 1 offences – victim BW – 14 years old – two offences contrary to s66DB(a) Crimes Act – sexually touch child between 10 and 16 – one offence contrary to s66C(3) Crimes Act – sexual intercourse with child between 10 and 16 – victim KD – 13 years old – two offences contrary to s66C(1) Crimes Act – sexual intercourse with child between 10 and 14 – victim TC – three offences contrary to s61KC(a) Crimes Act – sexually touch without consent OFFENCES – offender 18 – offender met BW through Snapchat – aware of her age – commenced relationship – offending occurred in March and April 2022 – including uncharged acts – KD BW's friend – also aware of her age – offending occurred in April – including uncharged acts – offender arrested and bail refused 29 April – granted Supreme Court bail on 8 September – victim TC disability support worker engaged to assist offender's younger half-brother – offending occurred on 10 November whilst on bail SUBJECTIVE CASE – living in supported accommodation – NDIS package – allocated NDIS worker – no prior criminal record – difficulty at school – smoked cannabis – binge drinking with peers – limited employment – problematic behaviour at home – autistic spectrum disorder with borderline intellectual functioning – deficit in social communication and interactions – reduces moral culpability – limited degree of insight and remorse – well above average risk of sexual reoffending SENTENCE – less appropriate vehicle for general deterrence – rehabilitation – EAGP scheme – 25% discount – aggregate sentence Legislation Cited: Crimes Act 1900 (NSW): ss 53A, 61KC(a), 66C, 66DB(a) Crimes (Sentencing Procedure) Act 1999 (NSW): ss 3A, 5, 21A Cases Cited: R v Gavel [2014] NSWCCA 56 Category: Sentence Parties: Rex (Crown) Archer Anderson Cadman (Offender) Representation: Counsel: P Ye (Offender)