Taree father who raped his children and reduced his sentence by 18 years

A man who raped the two daughters will be eligible for freedom conditioned in 17 years after a successful appeal to reduce his sentence, which a criminal says is the difficult time for victims.

Warning: This story contains details about sexual abuse.

On October 17, 2023, the offender, who cannot be appointed for legal reasons, was sentenced to the New South Wales District Court, to 48 years in prison.

The sentence had a non-liberty period of 28 years and was to expire in May 2050.

The man pleaded guilty for 14 sexual crimes against two of his biological daughters – “RG”, who is 16 years old and “JG”, who is 14 years old.

The offender appealed to the severity of his punishment, and on Friday, 18 years, they were eliminated from the Criminal Court of Appeal of NSW, who considered that the initial sentence is “obviously excessive”.

The associated professor of the Central University of Queensland, Xanthe Mallett, said that the offense was against his own biological children improved the probability of a long sentence.

However, it was shocked by the initial sentence.

“Because of the number of crimes, it was always a long sentence … I found it surprising, I have to admit,” said Dr. Mallett.

Dr. Mallett thought the new sentence was adequate, but acknowledged that it would be “a difficult day for victims.”

“It is always difficult when I see a reduced sentence,” she said.

History of abuse

The offender was found guilty of seven charges of sexual contact with a child under 10, five charges of sexual relations aggravated with a child between 10 and 14 years (in the company), sexual acts aggravated with a child between 10 and 16 years (under authority) and intentional choking without consent.

Some of these offenses were committed in the company with – or in the presence – the mother of the victims.

Conviction judge Penelope Wass sc, Found, the 32-year-old violated his care debt “in the most irregular way” and told the court that the crimes had taken place in the victims’ house, where they had the right to feel supported, safe and safe. “

The judicial documents revealed that the offender himself was sexually assaulted by a family friend on an opportunity and later became concerned about sex.

Judge Wass noted the offender’s denial that he had a “wider sexual interest in children” and, as he recognized his offense, he could not explain his motivation.

He said that there is no direct “causal connection” between reported sexual abuse and his crime.

The offender was diagnosed with autism spectrum disorder, But the court found “little evidence”, however, that its mental health has contributed to crimes in a “material way”.

The decision was also based on the fact that the crime did not take place over a prolonged period and that some of the accusations resulted from the abuses that took place on unique occasions.

Judge Wass found that the risk of re -examination was above average and that it is not clear if there is a rehabilitation path.

The sentence cut

The offender appealed to his sentence on the grounds that he was sexually assaulted, that his mental health problems have increased the need for specific discouragement and that the sentence was obviously excessive.

His defense also argued that the disorder of the autism spectrum affected the understanding of relationships, its ability to recognize non-verbal indications and that it has set abnormal intensity interests.

The defense referred to a case in which a man was sentenced to 48 years in prison after committing 73 offenses against his biological daughter, when he was between 5 and 19 years old.

The appeal judge found that the total punishment and the non-liberty period imposed by Judge Wass “exceeded” what could be “classified as a stern or harsh”.

The 48 -year condition of the offender was reduced, and the appeal judge said that there should be a period of conditional freedom for the offender to rejust life in the community and seek treatment for his peedofil disorder.

The three appeal judges accepted that the history of the offender’s sexual abuse contributed to his crime.

The offender will be eligible for freedom conditioned in 2042, when he will be 52 years old.