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District Court 27 June 2025

R v Smith

[2025] NSWDC 374

Sexual offencesDrugs
SENTENCING CHILD SEX OFFENCES POSSESS CHILD ABUSE MATERIAL SEXUAL INTERCOURSE WITH CHILD >14 <16 ON PAROLE FOR SIMILAR OFFENCES LACK OF INSIGHT INTO OFFENDING CRIME

Citation: R v Smith [2025] NSWDC 374
Court: District Court of New South Wales
Date: 27 June 2025
Judge(s): Sutherland SC DCJ

Background

The offender, William Henry Smith, appeared for sentencing on five substantive offences of child sexual abuse committed over a four-day period between 24 and 28 August 2023. The offending was directed at a 14-year-old victim whom the offender contacted through the encrypted messaging application Telegram. At the time of the offending, the offender was on parole, having been sentenced in August 2022 for three offences of possessing child abuse material.

The offender groomed the victim over several days by sending her explicit material including child abuse material, describing sexual acts he intended to perform, and offering her money. He arranged to meet her before school. On the morning of 28 August 2023, he met her in a park, administered methylamphetamine to her, and sexually assaulted her in a public toilet block. He filmed part of the assault.

Later that day, police attended the offender's residence. He attempted to destroy his phone by stomping on it. A search warrant was executed and the phone, along with a small quantity of methylamphetamine, was seized. The offender pleaded guilty in the Local Court on 29 August 2024 and had been in continuous custody since his arrest on 28 August 2023.

  • What aggregate sentence was appropriate across the five substantive offences, taking into account the three Form 1 matters?
  • What weight should be given to the offender's prior convictions for similar offences and the fact that the offending occurred while on parole?
  • How should the 25% guilty plea discount apply to the indicative sentences?
  • Were special circumstances established justifying a departure from the standard non-parole period ratio?
  • How should the principles of general deterrence, denunciation, and community protection apply given the nature and escalation of the offending?

Decision

Sutherland SC DCJ characterised the offending as serious across multiple dimensions. The offender had targeted a vulnerable child, exposed her to child abuse material and adult pornography, administered a prohibited drug to her immediately before the assault, sexually assaulted her in a public place, filmed the assault, and breached his obligations under the Child Protection (Offenders Registration) Act 2000 by failing to disclose his Telegram username to police. The assault represented an escalation from his prior child abuse material offences.

The judge noted that the offender was on parole for materially similar offending when the present conduct occurred, which significantly aggravated the matter. The offender's moral culpability was assessed as high. His claimed link between methamphetamine use and the offending did not operate to reduce that culpability. The offender's prospects for rehabilitation were assessed as moderate at best, and the judge found a lack of genuine insight into the offending.

The sentencing court declined to make a finding of special circumstances, meaning no departure from the standard non-parole period ratio was warranted. An aggregate sentence was imposed under section 53A of the Crimes (Sentencing Procedure) Act 1999. The 25% guilty plea discount was reflected in each indicative sentence. The court also applied the principles from EG v R regarding the importance of general deterrence, denunciation, and community protection in child sexual abuse matters.

The court declined, as a matter of principle, to describe the content of the child abuse material in the published judgment, expressing the view that doing so would risk providing material to those with a prurient or exploitative interest in such content.

Orders Made

  • Aggregate sentence of 8 years imprisonment with a non-parole period of 6 years (additional term of 2 years).
  • Sentence backdated to commence 15 December 2023.
  • Non-parole period to expire 14 December 2029.
  • Additional term to expire 14 December 2031.

Indicative sentences (before and after the aggregate):
- Sequence 9 (possess child abuse material): 2 years
- Sequence 12 (fail to comply with reporting obligations): 12 months
- Sequence 14 (sexual intercourse with child aged 14-16, cunnilingus): 2 years
- Sequence 15 (sexual intercourse with child aged 14-16, fellatio, including Form 1 matters): 3 years
- Sequence 19 (procuring a child for unlawful sexual activity): 4 years with a non-parole period of 3 years

Key Takeaways

  • Offending while on parole for materially similar conduct was treated as a significant aggravating factor, and the District Court assessed the present offending as a clear escalation from the prior child abuse material convictions.
  • Under the Child Protection (Offenders Registration) Act 2000, a registered offender's failure to report an encrypted messaging username within seven days constituted a separate criminal offence and was charged alongside the primary sexual offences.
  • Administering a prohibited drug to a child immediately before a sexual assault was treated as an aggravating feature going to the offender's moral culpability, not a mitigating circumstance explaining the conduct.
  • A 25% guilty plea discount was applied at the indicative sentence stage before the aggregate sentence was constructed, consistent with the transparency requirements under section 53A of the Crimes (Sentencing Procedure) Act 1999.
  • General deterrence, denunciation, and community protection carry significant weight in sentencing for child sexual abuse offences, reflecting the courts' consistent approach to conduct of this kind as confirmed in EG v R [2015] NSWCCA 21.

Legislation and Cases Referenced

Legislation:
- Crimes Act 1900 (NSW) ss 66C, 66EB, 91H
- Crimes (Sentencing Procedure) Act 1999 (NSW) ss 5, 21A, 53A
- Child Protection (Offenders Registration) Act 2000 (NSW) ss 9, 11, 17
- Criminal Procedure Act 1986 (NSW) s 166
- Drug Misuse and Trafficking Act 1985 (NSW) s 10

Cases:
- Attorney General's Application under s 37 of the Crimes (Sentencing Procedure) Act 1999 No 1 of 2002 (2002) 56 NSWLR 146
- EG v R [2015] NSWCCA 21
- Brown v R [2023] NSWCCA 330
- Callaghan v R [2006] NSWCCA 58
- Milliner v R [2019] NSWCCA 127
- Minehan v R [2010] NSWCCA 140
- R v De Simoni (1981) 147 CLR 383
- R v DW [2012] NSWCCA 66
- R v Dee Leeuw [2015] NSWCCA 183
- ZA v R [2018] NSWCCA 116
- Tector v R [2008] NSWCCA 151
- R v Baker [2020] NSWDC 615
- R v Cassell [2022] NSWDC 471
- R v Lovas [2024] NSWDC 44
- R v Till [2024] NSWDC 298
- R v Wilkinson [2020] NSWDC 914
- R v Smith [2016] NSWCCA 75
- R v Danielle Pana (a pseudonym) [2021] NSWDC 798