R v RDT (a pseudonym) [2019] NSWDC 596

District Court New South Wales

Medium Neutral Citation: R v RDT (a pseudonym) [2019] NSWDC 596 Hearing dates: 30 August 2019 Date of orders: 20 September 2019 Decision date: 20 September 2019 Jurisdiction: Criminal Before: Buscombe DCJ Decision: Sentenced to an aggregate sentence of 20 years imprisonment with an aggregate non-parole period of 15 years. Catchwords: CRIME — Child sex offences — Disseminate child abuse material CRIME — Child sex offences — Conspiracy to have sexual intercourse with child <10 — Procuring or grooming child for unlawful sexual activity — Sexual intercourse with child <10 Legislation Cited: Crimes (Sentencing Procedure) Act Cases Cited: Muldrock v The Queen (2011) 244 CLR 120 R v Egan [2016] NSWCCA 285 Category: Sentence Parties: Director of Public Prosecutions (Crown) RDT (Offender) Representation: Counsel: S Sloane (Crown) S Loomes (Offender)

Solicitors: C Hurford (Crown) M Stidwill (Offender) File Number(s): 2015/00310471, 2016/00262074 Publication restriction: Statutory non-publication order applies to the identity of victims.

SENTENCE 1. HIS HONOUR: The offender is to be sentenced in relation to a number of offences which I will set out shortly. The facts concerning the offending are very distressing and I consider it appropriate to make mention of that fact because it will be necessary for me to read onto the record the facts. The members of the public in the courtroom should understand that they will hear a recitation of them in my remarks. 2. The offender is to be sentenced having pleaded guilty to the following offences: That between 18 August 2015 and 12 October 2015 at Schofields he conspired with JF to have sexual intercourse with RF, a child then under the age of ten years, namely, six to eight months of age. That is an offence under the common law, so effectively the maximum penalty is at large. However, the maximum penalty for the substantive offence under s 66A(1) of the Crimes Act at the relevant time was life imprisonment. The substantive offence had an applicable standard non-parole period of 15 years' imprisonment. I have used the maximum penalty and the standard non-parole period as a guide for the imposition of sentence on that count. 3. The second 2015 offence, as I will call them, is that between 12 October 2015 and 22 October 2015 at Schofields he intentionally attempted to procure a child under 14 years, namely eight months of age, for unlawful sexual activity. That is an offence under s 66EB(2) of the Crimes Act and has a maximum penalty of 15 years' imprisonment with an applicable standard non-parole period of six years. 4. The third of the 2015 offences is that between 24 August 2015 and 30 September 2015 he disseminated child abuse material. That is an offence under s 91H(2) of the Crimes Act and has a maximum penalty of ten years' imprisonment, and there is no applicable standard non-parole period. 5. The fourth and final 2015 offence is that between the same dates and at the same place as the last offence he disseminated child abuse material. That offence has the same maximum penalty as the previous similar offence. 6. The offender is also to be sentenced for the following offences, of which he was convicted after trial by a jury earlier this year. That between 30 January 2006 and 31 December 2008 he had sexual intercourse with B, a child then under the age of ten years, namely 3,4 or 5 years. That is an offence under s 66A of the Crimes Act and at the relevant time had a maximum penalty of 25 years' imprisonment and there was an applicable standard non-parole period of 15 years. That was count 1 on the indictment. 7. The second offence is that between 30 January 2006 and 31 December 2008 he committed an act of indecency with B, a child then under the age of ten years, namely 3, 4 or 5 years. That is an offence under s 61O(2) of the Crimes Act and has a maximum penalty of seven years' imprisonment and there is no applicable standard non-parole period. That offence was count 2 on the indictment. 8. The third offence is that between 30 January and 31 December 2008 he had sexual intercourse with B, a child then under the age of ten years, namely five years. That offence was count 3 on the indictment. It has the same maximum penalty and standard non-parole period as the offence contained in count 1. 9. The fourth and final offence is that between 30 January and 31 December 2008 the offender had sexual intercourse with BM, a child then under the age of ten years, namely five years. That offence was count 4 on the indictment. That offence has the same maximum penalty and standard non-parole period as the offences contained in counts 1 and 3 on the indictment.