R v CTG [2017] NSWCCA 163. Hoeben CJ at CL, R A Hulme J, Wilson J. The Court of Criminal Appeal has allowed a Crown appe
Judgment Summary Supreme Court New South Wales Court of Criminal Appeal R v CTG [2017] NSWCCA 163 Hoeben CJ at CL, R A Hulme J, Wilson J The Court of Criminal Appeal has allowed a Crown appeal against sentence of CTG for child sexual assault offences and unauthorised possession of an imitation firearm. CTG was re-sentenced to imprisonment for 12 years with a non-parole period of 8 years. In 2014 police executed a search warrant at CTG’s home locating an imitation revolver in his bedroom. He was not licensed to possess the imitation firearm. Police also found a mobile phone belonging to CTG which contained photographs of the victim, his 3 year old niece, being sexually assaulted by CTG. Six separate series of photographs were taken by CTG as he sexually assaulted the victim. The main issue on appeal was whether the sentence was manifestly inadequate. The Court held that the sentencing judge erred by taking into account the absence of actual bodily harm and the absence of force as matters in mitigation. Furthermore, the victim’s absence of memory of the assaults could not lead to the conclusion that the victim would not suffer psychological harm from the assaults. The absence of evidence of psychological harm could not be used as a mitigating factor. Accordingly, it was necessary for the Court to re-sentence CTG by re-exercising the sentencing discretion. The Court assessed the objective seriousness of the sexual assault offences as midrange.
This summary has been prepared for general information only. It is not intended to be a substitute for the judgment of the Court or to be used in any later consideration of the Court’s judgment.
