Man convicted of 30 child sexual abuse offences appeals sentence

Date: Aug 07, 2018

In Australia, over 30 per cent of child sexual abuse is conducted by a male family member, and 13.5 per cent is from a father or stepfather, according to the Australian Institute of Criminology. These criminal acts often end in a long prison term for the perpetrator.

A man convicted of 30 counts of child sexual abuse offences recently presented an appeal to his sentence in front of the Court of Criminal Appeal of the Supreme Court in New South Wales.
The events and trial
The offender was convicted of four different kinds of sexual crimes relating to one child victim between 2014 and 2015. The first was 15 offences of using a child under the age of 14 to make sexual abuse material. Under the Crimes Act 1990 the maximum penalty for this offence is 14 years of imprisonment. The man was also found guilty on eight counts of using a child under the age of 16 for the material, for which the maximum penalty is ten years of prison.

Additionally, the offender had six more counts against him of having intercourse with a child between the ages of 10 to 14, and 20 years is the maximum penalty for this kind of crime. The last offence against the man was disseminating the child abuse material he had created, and the maximum penalty is ten years in prison.

Because the child victim in the case could be identified if the offender’s name was released in the case, the court documents use a pseudonym. The victim, the daughter of the woman the offender was in a relationship with, was nine years old when the abuse began.

The original sentence was 16 years of imprisonment with a 12-year non-parole period.

The appeal grounds

The offender made an appeal on the grounds that the judge:

  • Had failed to assess the objective criminality in relation to the sentences.
  • Had failed to set non-parole periods that were standard for offences that attracted standard non-parole periods.
  • Gave a sentence that was unreasonable or plainly unjust and the sentences were manifestly excessive.

The decision on the appeal

The judge did not find any of the three grounds to be true and the appeal against the sentence was dismissed.

If you or someone you know has been a victim of child abuse or sexual assault, contact our experienced lawyers at Gerard Malouf & Partners Compensation, Medical Negligence & Will Dispute Lawyers to discuss your legal options.

Call us now on 1800 004 878 to book a free appointment with one of my compensation experts, or email your enquiry.