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District Court 21 August 2026

R v Hartcher

[2026] NSWDC 306

Sexual offences
SENTENCE

Citation: R v Hartcher [2026] NSWDC 306
Court: District Court of NSW
Date: 21 August 2026
Judge: Mahony SC DCJ

Background

The offender, a 79-year-old man, pleaded guilty to 11 offences committed in 2024 when he was 77 years of age. The offending involved using messaging platforms Telegram and Zangi to exchange child abuse material with multiple individuals, both in Australia and overseas, and to attempt to procure what he believed were minors for sexual activity.

Three of the offences were procurement offences under s474.26(1) of the Criminal Code 1995 (Cth), involving online communications in which the offender sought to arrange in-person sexual contact with recipients he understood to be under 16 years of age. The remaining eight offences involved transmitting, accessing, or soliciting child abuse material under s474.22(1). Two further offences were taken into account under a schedule pursuant to s16BA of the Crimes Act 1914 (Cth).

The offender was arrested on 23 December 2024 when he drove to a meeting location to meet one of the supposed minors, who was in fact an Assumed Online Identity operated by the NSW Child Exploitation Internet Unit. He spent five days in custody before being granted bail.

  • What was the appropriate aggregate sentence for 11 serious Commonwealth offences, with two further offences taken into account, committed by an elderly offender with health issues?
  • How should the offender's age, medical condition, and limited time in custody be weighed against the objective seriousness of the offending?
  • What non-parole period was appropriate, having regard to the statutory objective of rehabilitation under s16A(2AAA) of the Crimes Act 1914 (Cth)?
  • What ancillary orders were required, including forfeiture of devices and registration as a reportable person under the Child Protection (Offenders Registration) Act 2000 (NSW)?

Decision

Objective seriousness: The offending spanned nearly a full calendar year and involved sustained, repeated contact with multiple individuals for the purposes of exchanging child abuse material. The procurement offences were particularly serious, culminating in the offender physically attending a location to meet a person he believed to be a 15-year-old boy. Category 1 child abuse material (depicting real pre-pubescent children under 13 engaged in or witnessing sexual activity) featured across several of the sequences.

Subjective matters and age: The offender's advanced age and medical condition were relevant subjective considerations. The court had regard to CT and MRI scans and expert medical and psychological reports. The non-parole period was structured to allow for an extended period of rehabilitation, reflecting the statutory objective under s16A(2AAA) of the Crimes Act. The court directed that the medical reports and imaging be forwarded to the Department of Corrective Services to inform the management of the offender's custodial arrangements.

Aggregate sentence: An aggregate sentence of 6 years and 6 months imprisonment was imposed under s53A of the Crimes (Sentencing Procedure) Act 1999 (NSW). A non-parole period of 3 years was set, commencing 16 August 2026 and expiring 15 August 2029, with the five days already spent in custody taken into account. The balance of term runs to 15 February 2033.

Orders Made

  • Conviction recorded for offences in Sequences 2, 3, 4, 5, 6, 7, 8, 9, 10, 11 and 12.
  • Aggregate sentence of 6 years and 6 months imprisonment imposed under s53A of the Crimes (Sentencing Procedure) Act 1999 (NSW).
  • Non-parole period of 3 years, commencing 16 August 2026 and expiring 15 August 2029.
  • Balance of term of 3 years and 6 months, terminating 15 February 2033.
  • Registrar directed to forward CT and MRI scans, the report of Dr Olav Nielssen (dated 4 March 2025), and the report of Mr Stuart Perritt (dated 25 June 2026) to the Department of Corrective Services.
  • Forfeiture of a black Google mobile phone and a silver HP laptop, pursuant to s23ZD of the Crimes Act 1914 (Cth).
  • Registrable Person Order for 15 years under the Child Protection (Offenders Registration) Act 2000 (NSW), with reporting obligations to commence upon the offender's release from custody.

Key Takeaways

  • A 77-year-old offender's advanced age and medical condition were treated as relevant subjective factors but did not prevent the imposition of a substantial custodial term where the offending was serious, sustained, and involved multiple victims over nearly a full year.
  • The District Court structured the non-parole period with explicit reference to the rehabilitation objective in s16A(2AAA) of the Crimes Act 1914 (Cth), setting a 3-year non-parole period against a total sentence of 6 years and 6 months.
  • Physically attending a pre-arranged meeting location to meet a person believed to be a minor, following sustained sexualised online communications, was treated as a significant aggravating feature of the procurement offending.
  • Under the Australian Child Abuse Categorisation Scheme, Category 1 material (depicting real pre-pubescent children under 13 in or witnessing sexual activity) is the most serious classification, and its presence across multiple sequences informed the overall assessment of gravity.
  • Ancillary consequences of conviction included a 15-year reporting period as a registrable person, forfeiture of electronic devices, and the court directing that medical evidence be provided to corrective services to facilitate appropriate custodial management.

Legislation and Cases Referenced

Legislation
- Child Protection ( Offenders Registration) Act 2000 (NSW)
- Child Protection (Offenders Registration) Regulation 2025
- Crimes Act 1914 (Cth)
- Crimes ( Sentencing Procedure Act) 1999 (NSW)
- Criminal Code 1995 (Cth)

Cases
- Attorney General’ s Application under s37 of the Crimes ( Sentencing Procedure Act) 1999 No 1 of 2002 (2002) 56 NSWLR 146; [2002] NSWCCA 518
- Baden v R [2020] NSWCCA 23
- Cahyadi v R [2007] NSWCCA 1;168 A Crim R 41
- Colak v R [2026] NSWCCA 108
- DPP ( Cth) v De La Rosa (2010) 79 NSWLR 1; [2010] NSWCCA 194
- Fitzgerald v R [2015] NSWCCA 266
- Minehan v R [2010] NSWCCA 140
- R v Booth [2009] NSWCCA 89
- R v Hutchinson [2018] NSWCCA 152
- R v Obeid (No 12) [2016] NSWSC 1815
- R v Van Ryn [2016] NSWCCA 1
- The King v McGregor [2026] HCA 3
- Wanstall v R [2024] NSWCCA 167