Australia, Sept. 9 -- New South Wales Land and Environment Court issued text of the following judgement on Aug. 8:

1. The offender is to be sentenced with respect four child sex offences following a trial and guilty verdicts. The offences were committed against his nephew EL when he was aged between 6 and 11 years of age. The offender was found not guilty on a separate offence.

2. The trial indictment verdicts of guilty were for the following offences:

1) Count 1 - Indecent assault person under 16 years of age (DV) contrary to s 61M(2) of the Crimes Act 1900. This offence carries a maximum penalty of 10 years imprisonment with a standard non-parole period of 8 years.

2) Count 2 - Intentionally sexually touch child under 10 years (DV) contrary to s 66DA(a) of the Crimes Act 1900. This offence carries a maximum penalty of 16 years imprisonment with a standard non-parole period of 8 years.

3) Count 3 - Sexual intercourse with a child under the age of 10 years (DV) contrary to s 66A(1) of the Crimes Act 1900. This offence carries a maximum penalty of life imprisonment with a standard non-parole period of 15 years.

4) Count 4 - Attempt to have sexual intercourse with a child under 10 years (DV) contrary to s 66B of the Crimes Act 1900. This offence carries a maximum penalty of 25 years imprisonment with a standard non-parole period of 10 years.

3. The maximum penalties for the offences act as a sentencing guidepost or reference point. Section 54A(1) of the Crime (Sentencing Procedure) Act 1999 (CSPA), provides that the standard non parole period is that which is included in the table of provisions. Section 54A(2) provides that the standard non-parole period represents the non-parole period for an offence that falls within the middle range of objective seriousness taking into account only the objective factors affecting the relative seriousness of the offence. Section 54B(2) provides that the standard non-parole period is a matter to be taken into account when determining an appropriate sentence without limiting the matters that are otherwise required or permitted to be taken into account. The fixing of a non-parole period is only one aspect of the task when determining what is an appropriate sentence.

4. Admitted on behalf of the Crown were the following:

1) C1 Indictment

2) C2 Agreed Facts on Sentence

3) C3 Criminal History

4) C4 Custodial History

5. Admitted on behalf of the Offender were the following:

O1 Psychological Assessment Report

O2 Bundle of clinical/medical reports including:

A) Report of Anthony Weaver (clinical psychologist) dated 27 May 2025

B) Report of Anthony Weaver (clinical psychologist) dated 19 February 2025

C) Referral letter from North Nowra Medical Practice to Anthony Weaver dated 20 February 2025 attaching a G.P. Mental Health Care Plan.

*Rest of the document can be viewed at: (https://www.caselaw.nsw.gov.au/decision/198ac2287af958a8010c4e21)

Disclaimer: Curated by HT Syndication.