R v Barbros Ocek [2018] NSWDC 349

District Court New South Wales

Medium Neutral Citation: R v Barbros Ocek [2018] NSWDC 349 Hearing dates: 16 April 2018- 17 April 2018 Date of orders: 17 April 2018 Decision date: 17 April 2018 Jurisdiction: Criminal Before: Tupman DCJ Decision: Overall term of 20 years, overall NPP 15 years Re Counts 7, 8, 9, 18, 19, 22, 23, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, 36, 37 – Aggregate term of 5 years, NPP of 3 years Re Counts 10-17 –Aggregate term of 6 years, NPP of 4 years Re Count 1 – Fixed term 6 months imprisonment Re Count 2 – Fixed term 18 months imprisonment Re Count 3 – Overall term of imprisonment 15 years, NPP of 10 years, parole thereafter of 5 years. Re Count 4 – Fixed term 18 months imprisonment Re Count 5 – Fixed term of 2 years imprisonment Re Count 6 – Fixed term of 6 months imprisonment Re Count 20 – Fixed term of 2 years imprisonment Re Count 21 – Fixed term of 12 months imprisonment Re Count 24 – Fixed term of 13 months imprisonment Re Count 32 – Fixed term of 12 months imprisonment

Catchwords: CRIMINAL LAW – Committal for Sentence following Pleas of Guilty in Local Court – 25% discount – 38 Commonwealth and State Offences plus 10 Form 1 Offences – NSW OFFENCES – Persistent Child Sexual Abuse involving 32 separate sexual acts with a 14 year old on 7 occasions – Numerous separate charges of child sexual intercourse with other children between 14 and 16 – Meet/Travel to meet child for groomed sexual activity – Produce/disseminate child abuse material – Possess child abuse material multiple images on several devices – Making demand with menaces to obtain indecent images – Procuring child under 14 for production of child abuse material – Possess child abuse material evidence of grooming with alcohol, cannabis and pornography – COMMONWEALTH offences – 20 of using carriage service to procure child for sexual activity or engage child in sexual activity – Use of fake profiles – Significant planning – OFFENDER diagnosed high risk of recidivism – Paedophilia and paraphilia – Prior similar offences – Some offences committed on parole, some committed whilst a registered sex offender – Manipulative and dangerous – Risk to community – Poor prospects of rehabilitation Legislation Cited: Crimes Act 1900 (NSW), ss 578A, 91H(2), 98H(2), 66EA(1), 66EB(3), 66EB(2A), 66C(3), 61M(2), 249K(1), 91G(1)(b). Courts (Suppression and Non-Publication) Orders Act, 2010, ss 7, 8(1)(c), 8(1)(d). Child Protection (Offenders Registration) Act 2009, ss 17, 12C. Crimes (Domestic and Personal Violence) Act 2007, ss 13(1). Criminal Code 1995, ss 474. Crimes (Sentencing Procedure) Act 1999, ss 10A, 53A. Crimes (High Risk Offenders) Act 2006. Cases Cited: R v Thomson & Houlton(2000) 49 NSWLR 383 Chiro v The Queen [2017] HCA 37 R v Nahlous [2013] NSWCCA 90 R v Fuller [210] NSWCCA 195 DPP (Cth) v Beattie [2017] NSWCCA 301 Category: Sentence Parties: Barbros Ocek The Crown Representation: Counsel:F/W Mr V. Pawar Cr: Ms J Smith Solicitors:F/W: Mr Lipert Cr: Ms Tierney File Number(s): 2014/301260; 2014/218371; 2014/301260 Publication restriction: NON-PUBLICATION ORDER PREVENTING THE PUBLICATION OF THE IDENTITY OR ANYTHING THAT MIGHT IDENTIFY ANY OF THE NAMED COMPLAINANTS OR VICTIMS PURSUANT TO S 8(1)(d) OF THE COURT SUPPRESSION AND NON-PUBLICATION ORDERS ACT