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District Court 12 November 2025

R v Tatafu

[2025] NSWDC 583

Sexual offencesDomestic & family violence
CRIME SENTENCE

Citation: [2025] NSWDC 583
Court: District Court of New South Wales
Date: 12 November 2025
Judge(s): Bourke SC DCJ

Background

The offender, a 50-year-old man, was sentenced for three offences committed against a 15-year-old victim in May 2018. The victim was the daughter of the offender's partner, and the offending occurred while the victim's mother was away, leaving the children in the offender's care. The victim was asleep on a mattress in the living room when the offender committed a series of sexual acts upon her.

The offender had previously pleaded guilty to counts 1 and 3 (indecent assault of a person under 16) but contested count 2 (aggravated sexual intercourse without consent, namely digital penetration of the victim's vagina). A jury found the offender guilty on count 2 at trial in August 2025. The victim did not disclose the incident until 2021, and police became involved in April 2022 following an anonymous Crime Stoppers report.

  • The factual findings to be made for sentencing purposes, particularly regarding disputed aspects of the offender's conduct during count 1 (the nature and duration of the touching of the victim's genital area)
  • The appropriate sentencing discount for the guilty pleas on counts 1 and 3, including whether the utilitarian value of the plea on count 1 had been eroded by factual disputes under s 25F(4) of the Crimes (Sentencing Procedure) Act 1999
  • The objective seriousness of each offence, assessed against the maximum penalties and standard non-parole periods
  • Any subjective factors relevant to the offender, including matters relating to his background

Decision

The court rejected the offender's claim that he had merely touched the victim's pubic hair before withdrawing his hand. Bourke SC DCJ accepted the victim's evidence that the offender rubbed the outside of her vagina for approximately 30 seconds before digitally penetrating her vagina (count 2), and then sucked on her breasts (count 3). The court found the victim to be an honest, accurate, and impressive witness. The offender's version was found to be improbable and inconsistent with the surrounding circumstances, including the sexually motivated acts that followed.

On the discount for count 1, the court found some erosion of the utilitarian value of the guilty plea because the court had been required to hear submissions and make factual determinations. However, the offender's admission to placing his hand on the victim's genital area still carried significant utilitarian value. A 20% discount was applied for count 1 (reduced from the full 25%). A 25% discount was applied for count 3.

No discount applied to count 2, as the offender had contested that charge and was convicted by the jury. The court noted the victim's evidence regarding a cross-examination exchange where she appeared to agree she could not be sure what happened, but Bourke SC DCJ held this answer could not be taken literally as undermining her account, particularly given the jury's verdict accepting her evidence on the issue of digital penetration beyond reasonable doubt.

The court also noted several facts relevant to the offender's culpability: the significant age disparity (50 versus 15), the breach of trust inherent in the offender's caregiving role, the victim being asleep when the offending commenced, and the offender's request the following morning that the victim not tell her mother.

Orders Made

  • The full text of the judgment was truncated before the sentencing orders were set out. The available portion of the judgment addresses factual findings, discount percentages, and objective seriousness but does not include the final sentences imposed or other formal orders.
  • The offender was noted to be subject to the reporting obligations under the Child Protection (Offenders Registration) Act 2000.

Key Takeaways

  • Under s 25F(4) of the Crimes (Sentencing Procedure) Act 1999, a sentencing discount for a guilty plea may be reduced where the utilitarian value of the plea is eroded by factual disputes not resolved in the offender's favour, even where the plea itself relates to an admitted element of the offending.
  • The District Court rejected the offender's version of events as improbable, finding it inconsistent with the surrounding circumstances, including conduct forming the basis of other counts, and instead accepted the complainant's evidence.
  • A complainant's apparent concession in cross-examination (here, an agreement that she could not be sure what happened) does not necessarily undermine the reliability of her account when considered in the context of the totality of her evidence and the jury's verdict.
  • Bourke SC DCJ treated the offender's position of trust and the age disparity as significant features bearing on objective seriousness, consistent with established sentencing principles in child sexual assault cases.
  • No discount for a guilty plea was available on the count contested at trial, consistent with the statutory framework.

Legislation and Cases Referenced

Legislation:
- Crimes Act 1900 (NSW), ss 61M(2), 61J(1)
- Crimes (Sentencing Procedure) Act 1999 (NSW), s 25F(4)
- Child Protection (Offenders Registration) Act 2000 (NSW)

Cases:
- Croxon v R [2017] NSWCCA 213
- Hayek v R [2026] NSWCCA 126
- Bugmy v The Queen (2013) 249 CLR 571
- YZ v R [2025] NSWCCA 165