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Supreme Court 22 May 2026

R v Facchi

[2026] NSWSC 569

Sexual offences

Citation: [2026] NSWSC 569
Court: Supreme Court of New South Wales
Date: 22 May 2026
Judge(s): McGuire J

Background

The offender was convicted on 5 March 2026 of the murder of a 16-year-old victim and the common assault of another person. He was sentenced to an aggregate term of imprisonment of 20 years with a non-parole period of 13 years.

During the original sentence proceedings at Dubbo, both parties referred to the victim's age but neither made submissions about the need for a registrable person order under the Child Protection (Offenders Registration) Act 2000 (NSW). The Crown subsequently acknowledged this was an oversight.

By Notice of Motion filed on 7 May 2026, the Crown applied to reopen the proceedings to seek a registrable person order. The defence did not oppose the application, provided the procedural prerequisites were established by affidavit evidence.

  • Whether the Supreme Court had power under s 43 of the Crimes (Sentencing Procedure) Act 1999 (NSW) to reopen sentence proceedings where a mandatory registrable person order was not made at the time of sentencing.
  • Whether the statutory requirements for a registrable person order under s 3C(1) of the Child Protection (Offenders Registration) Act 2000 (NSW) were satisfied.
  • What reporting period applied under s 3I of the Offenders Registration Act.

Decision

McGuire J found that s 43 of the Crimes (Sentencing Procedure) Act applies where a court has failed to impose a penalty required by law. The definition of "impose a penalty" in s 43(6)(f) expressly includes making a registrable person order under the Offenders Registration Act. The failure to make such an order at sentencing therefore fell squarely within the provision.

Turning to the substantive requirements, the Court noted that the victim was under 18 and thus a "child" under s 2B of the Offenders Registration Act. The offender was 26 years old at the time of the offending and therefore an adult. Murder is a registrable offence within the meaning of ss 2B and 2D of that Act. Because the offender was an adult at the time of the offence and received a sentence other than a no conviction order, the registrable person order was mandatory under s 3C(1)(a).

The Court determined that because the offender had been found guilty of only a single Class 1 offence (murder), the applicable reporting period under s 3I was 15 years.

Orders Made

  • Leave granted to reopen the sentence proceedings pursuant to s 43 of the Crimes (Sentencing Procedure) Act 1999 (NSW).
  • The offender was declared a registrable person pursuant to s 3C(1) of the Child Protection (Offenders Registration) Act 2000 (NSW), with a reporting period of 15 years.
  • A direction was made that, in compliance with s 3J(2) of the Offenders Registration Act and reg 9 of the Child Protection (Offenders Registration) Regulation 2025, the offender be provided with a copy of the order and written notice of reporting obligations, the consequences of non-compliance, and confirmation that the 15-year reporting period commences upon release from custody.

Key Takeaways

  • Section 43 of the Crimes (Sentencing Procedure) Act 1999 (NSW) permits reopening of sentence proceedings where a registrable person order that was required by law was not made at the time of sentencing, as expressly contemplated by s 43(6)(f).
  • Where an adult offender is convicted of a registrable offence involving a child victim and receives a sentence other than a no conviction order, a registrable person order under s 3C(1)(a) of the Offenders Registration Act is mandatory, not discretionary.
  • The Crown's acknowledged oversight in failing to seek the order at the original sentencing did not prevent the proceedings from being reopened, and the defence's non-opposition facilitated a straightforward resolution.
  • Under s 3I of the Offenders Registration Act, a single Class 1 offence attracts a reporting period of 15 years.
  • No case law was cited or distinguished in the judgment, suggesting the application of s 43 in these circumstances was regarded as relatively uncontroversial.

Legislation and Cases Referenced

Legislation:
- Crimes (Sentencing Procedure) Act 1999 (NSW), s 43
- Child Protection (Offenders Registration) Act 2000 (NSW), ss 2B, 2D, 3C(1), 3I, 3J(2)
- Child Protection (Offenders Registration) Regulation 2025, reg 9
- Children (Criminal Proceedings) Act 1987 (NSW), s 15A

Cases:
- Nil cited