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District Court 23 October 2025

R v Idaho (a pseudonym)

[2025] NSWDC 427

Sexual offences

Citation: R v Idaho (a pseudonym) [2025] NSWDC 427
Court: District Court of NSW
Date: 23 October 2025
Judge: Newlinds SC DCJ

Background

The offender, referred to by the pseudonym "Idaho," was the father of the complainant. Following a four-day jury trial at Penrith District Court in August 2024, he was convicted of one count of maintaining an unlawful sexual relationship with a child under s 66EA of the Crimes Act 1900 (NSW). The maximum penalty for that offence is life imprisonment.

The complainant gave evidence that the offending began when she was approximately five or six years old and continued for roughly nine years. The offending occurred predominantly during fortnightly visits the complainant made to her father's home. The trial judge found the complainant to be an honest and reliable witness, and the jury's verdict necessarily reflected a substantial acceptance of her account.

The sentencing decision addressed not only the appropriate term of imprisonment but also two procedural questions: first, how a sentencing court should approach fact-finding for a s 66EA offence following a jury verdict; and second, how the recently amended child protection registration scheme should be applied in practice.

  • What findings of fact must a sentencing judge make following a s 66EA conviction, given that the jury is not required to agree on the particular unlawful sexual acts constituting the relationship?
  • What was the objective seriousness of this offending, and what sentence was appropriate?
  • How does the Child Protection (Offenders Registration) Amendment Act 2024 (NSW) operate procedurally, and how should its notice requirements be implemented when the offender is in custody?

Decision

Fact-finding on sentence after a s 66EA verdict

Drawing on R v Fisher [2024] NSWCCA 191, Xerri v R [2021] NSWCCA 268, and RA v R [2024] NSWCCA 149, Newlinds SC DCJ confirmed that a sentencing judge need not identify specific "ingredient offences" or work out with precision which individual incidents the jury accepted. The offence is proved by the jury's finding that an unlawful sexual relationship existed. However, the sentencing judge must still form an overall view of when the relationship began and ended, how frequently the unlawful acts occurred, and their general nature. That broader assessment is necessary to properly evaluate the factors set out by Wilson J in RA v R bearing on objective seriousness.

Objective seriousness and sentence

His Honour found the offending to be of high objective seriousness. The relationship spanned approximately nine years. The complainant was as young as five or six at the outset, representing an extreme departure from the age threshold of 16. The age gap between offender and complainant was approximately 35 years. The complainant described acts occurring so frequently she could no longer count them, and the offending constituted a profound breach of parental trust and fiduciary duty. The offender showed no remorse or contrition. A sentence of 16 years' imprisonment was imposed, with a non-parole period of 11 years.

Child Protection Registration: the 2024 amendments

The Child Protection (Offenders Registration) Amendment Act 2024 (NSW) commenced on 29 September 2025, after the offending but before sentencing. Under the amended s 3C, a sentencing court is now required to make a registrable person order for registrable offences sentenced on or after that date. Section 3-I specifies that a Class 1 offence attracts a 15-year reporting period. His Honour made that order, directing it to commence from the date the offender first becomes eligible for parole. The judgment also addressed the practical mechanics of the s 3J notice requirements: where the offender is in custody and not physically present in court, the order and written notice must be provided through the registry, Corrective Services, and the supervising authority.

Orders Made

  • The offender is sentenced to 16 years' imprisonment for Count 1, commencing 7 August 2025 and expiring 6 August 2041.
  • The offender will first be eligible for parole after 11 years, on 6 August 2036.
  • Pursuant to s 3C of the Child Protection (Offenders Registration) Act 2000, the offender is to be a registrable person recorded on the NSW Child Protection Register for 15 years, commencing 6 August 2036 and expiring 5 August 2051.
  • The Court Registry is directed to provide a copy of the Registrable Person Order and Form 3 document to Corrective Services, which is then directed to provide those documents to the offender.
  • The Court Registry is also directed to provide the Registrable Person Order and Form 3 document to the NSW Commissioner of Police and to the offender's supervising authority.
  • A non-publication and suppression order remains in place in relation to the names of the offender, the child victim, and any other identifying information.

Key Takeaways

  • Under s 66EA of the Crimes Act 1900 (NSW), a sentencing court is not required to identify discrete "ingredient offences" from the evidence, but must form an overall view of the frequency, duration, and general nature of the unlawful conduct in order to assess objective seriousness.

  • The factors identified by Wilson J in RA v R [2024] NSWCCA 149, including the age of the child at commencement, the length of the relationship, the frequency of offending, and the nature of the relationship between offender and victim, collectively inform the gravity of a s 66EA offence on sentence.

  • A nine-year unlawful sexual relationship maintained by a father against his daughter, commencing when she was approximately five or six years old and involving frequent offending, was assessed as warranting a 16-year head sentence with an 11-year non-parole period.

  • Following commencement of the Child Protection (Offenders Registration) Amendment Act 2024 (NSW) on 29 September 2025, sentencing courts are required to make a formal registrable person order specifying a reporting period calculated under s 3-I, regardless of whether the underlying offending predates the amendment.

  • Where an offender is in custody when sentenced, the s 3J notice and order obligations under the amended Act are to be met by directing the registry to transmit the relevant documents through Corrective Services and the supervising authority to the offender.

Legislation and Cases Referenced

Legislation
- Crimes Act 1900 (NSW) s 66EA
- Child Protection (Offenders Registration) Act 2000 (NSW) ss 3C, 3-I, 3J
- Child Protection (Offenders Registration) Amendment Act 2024 (NSW)
- Crimes (Sentencing Procedure) Act 1999 (NSW) s 24A(1)(b)

Cases
- R v Fisher [2024] NSWCCA 191
- Xerri v R [2021] NSWCCA 268
- RA v R [2024] NSWCCA 149