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District Court 9 October 2025

R v Kafataris

[2025] NSWDC 404

Sexual offences
SENTENCE

Citation: R v Kafataris [2025] NSWDC 404
Court: District Court of New South Wales
Date: 9 October 2025
Judge: Mahony SC DCJ

Background

The offender was a secondary school teacher with approximately 25 years of service. He was sentenced following a jury verdict of guilty on one count of grooming a child under 16 for unlawful sexual activity (Count 1), an offence under s 66EB of the Crimes Act 1900 (NSW). The grooming conduct involved exposing the child to indecent material between January and April 2014, when the offender was working as a teacher.

The offender had earlier pleaded guilty to two counts of sexual touching of a young person between 16 and 18 years old in a relationship of special care, contrary to s 73A(1)(a) of the Crimes Act (Counts 5 and 6). The victims in the grooming offence and the sexual touching offences were different individuals. The procedural history was lengthy: the trial on Count 1 was the fifth occasion the matter was listed for trial, and the jury had previously been unable to reach a verdict on that count.

The offender had no relevant prior criminal history. He had served six months on remand following his arrest, a period he described as the most difficult of his life. His employment with the Department of Education was terminated in 2021 and his Working with Children Check status was revoked.

  • What sentence was appropriate for the grooming offence under s 66EB of the Crimes Act, having regard to the offender's personal circumstances, the absence of a standard non-parole period, and time already served on remand?
  • What weight should be given to psychological evidence, including a diagnosis of Prolonged Grief Disorder, as a mitigating factor in sentencing?
  • What penalty was appropriate for the two sexual touching offences under s 73A(1)(a), given the guilty pleas and the offender's circumstances?
  • Whether a finding of special circumstances justified a reduction in the statutory ratio between the head sentence and the non-parole period for the grooming offence.

Decision

On the grooming count, the District Court imposed a sentence of two years' imprisonment. The court made a finding of special circumstances under s 44 of the Crimes (Sentencing Procedure) Act 1999 (NSW) (CSPA), reducing the statutory ratio between the head sentence and the non-parole period. Taking into account the six months already served on remand, the court set a non-parole period of 15 months, back-dated to 9 April 2025 and expiring on 8 July 2026, with a balance of term of nine months expiring on 8 April 2027.

Psychological evidence from the offender's treating psychologist, Ms Taoube, identified Prolonged Grief Disorder arising from a series of significant bereavements, including the deaths of the offender's parents and a student for whose suicide he felt personal responsibility. The psychologist opined that this disorder was a substantial factor in the offending conduct. The court considered this evidence in the sentencing exercise, alongside the offender's expressed remorse and the insight he had developed through treatment.

For Count 5, the court imposed an 11-month Community Correction Order under s 8(1) of the CSPA rather than imprisonment. For Count 6, the court convicted the offender but imposed no further penalty pursuant to s 10A of the CSPA. The differing treatment of the two sexual touching counts reflected the individual circumstances of each offence, including the nature and context of the touching.

The court also noted the offender's continued contact with one of the victims, who was by the time of sentencing an adult aged 22. The offender gave evidence that they met regularly, that he assisted her with university work, and that they sometimes hugged and kissed goodbye. This contact was a matter the court took into account in the sentencing process.

Orders Made

  • Count 1 (grooming, s 66EB): Convicted. Non-parole period of 15 months imprisonment, commencing 9 April 2025 and expiring 8 July 2026. Balance of term of 9 months, commencing 9 July 2026 and expiring 8 April 2027.
  • Count 5 (sexual touching, s 73A(1)(a)): Convicted. Community Correction Order for 11 months under s 8(1) CSPA, subject to standard conditions (no further offending; must appear before the court if called upon).
  • Count 6 (sexual touching, s 73A(1)(a)): Convicted. No further penalty imposed under s 10A CSPA.
  • Child protection registration: An order made under s 3C of the Child Protection (Offenders Registration) Act 2000, with a reporting period of 15 years from the date of release from custody.

Key Takeaways

  • The District Court confirmed that s 66EB of the Crimes Act carries a maximum of 10 years imprisonment with no standard non-parole period, and that imprisonment remained appropriate where grooming conduct involved exposing a child to indecent material, even in the absence of contact offending.
  • A diagnosis of Prolonged Grief Disorder, supported by psychological evidence, was treated as a relevant factor in the sentencing exercise, on the basis that it contributed to the circumstances in which the offending occurred, though it did not excuse the conduct.
  • Where special circumstances are found under s 44 of the CSPA, the court has the discretion to reduce the statutory ratio between the head sentence and the non-parole period, and this was applied to reflect the offender's rehabilitative needs.
  • Time spent on remand before a conviction is taken into account in fixing the commencement date of a sentence, consistent with established sentencing practice.
  • Under s 73A(1)(a), courts retain the option of imposing a Community Correction Order or, in appropriate cases, conviction without further penalty under s 10A, reflecting the range of circumstances in which special care sexual touching offences can arise.

Legislation and Cases Referenced

Legislation:
- Crimes Act 1900 (NSW), ss 66EB, 73A(1)(a)
- Crimes (Sentencing Procedure) Act 1999 (NSW), ss 5, 8(1), 10A, 44
- Criminal Procedure Act 1986 (NSW)
- Child Protection (Offenders Registration) Act 2000 (NSW), s 3C

Cases:
- CT v R [2017] NSWCCA 15
- Gale v R [2021] NSWCCA 16
- Kearsley v R [2017] NSWCCA 28
- Khorami v R; R v Khorami [2021] NSWCCA 228
- R v Cattell [2019] NSWCCA 297
- R v Gavel (2014) 239 A Crim R 469; [2014] NSWCCA 56
- R v Nelson [2016] NSWCCA 130
- R v Talia [2009] VSCA 260
- Ryan v The Queen (2001) 206 CLR 267; [2001] HCA 21
- The Queen v Olbrich (1999) 199 CLR 270
- Wanstall v R [2024] NSWCCA 167