R v William KAMM [2007] NSWDC 177

New South Wales District Court

CITATION: R v William KAMM [2007] NSWDC 177

HEARING DATE(S): 8 May 2007 - 11 May 2007 15 May 2007 - 30 May 2007

JUDGMENT DATE: 24 August 2007

JURISDICTION: Criminal

JUDGMENT OF: Berman SC DCJ

DECISION: See paragraphs [46] - [49]

CATCHWORDS: Criminal law - Sentence - Religious community - Aggravated act of indecency - Aggravated sexual intercourse - Complainant under the authority of the offender - Offender has committed similar offences in the past - Substantial harm

LEGISLATION CITED: Crimes (Sentencing Procedure) Act 1999

PARTIES: Crown William Kamm

FILE NUMBER(S): 06/11/0741

COUNSEL: P.A. Leask - Crown G.J. Stanton - Offender

SOLICITORS: NSWDPP Macquarie Lawyers

SENTENCE

1 HIS HONOUR: Many people think that William Kamm is a prophet, able to communicate directly with God and the Virgin Mary. This gives him enormous power over those who have these deluded beliefs. He has taken advantage of these people by satisfying his desire to have sex with young girls.

2 The offender is the leader of a religious order based around a community at Cambewarra near Nowra on the South Coast of New South Wales. He has many followers, many of whom live as part of that community. He claims, and his followers believe, that through some miraculous process he is able to communicate directly with the Virgin Mary, for some reason, this regularly occurring on thirteenth of each month. He writes down what she says and these messages are passed onto his followers.

3 At times some of his followers sought to ask the Virgin Mary specific questions. The process which was followed was that the member of the community would write down some questions and the offender would pretend to have received the Virgin Mary's answers to those questions, which he would also write down and give to the person who was seeking the information.