MJR

STATE OF TASMANIA v MJR ESTCOURT J

EDITED COMMENTS ON PASSING SENTENCE 5 DECEMBER 2025

The defendant, MJR, now aged 36 years old, has pleaded guilty to 77 counts of rape and other serious sexual crimes committed between 2018 and 2023.

They are as follows:

First Count

Rape – Contrary to Section 185(1) of the Criminal Code.

The accused at Kingston in Tasmania between on or about the 1^st day of October 2018 and on or about the 30^th day of November 2018, had sexual intercourse with the complainant by penetrating your mouth with his penis, without his consent.

Second Count

Rape– Contrary to Section 185(1) of the Criminal Code.

Fourth Count

Rape – Contrary to Section 185(1) of the Criminal Code.

The accused at Kingston in Tasmania between on or about the 1^st day of December 2022 and on or about the 31^st day of December 2022, had sexual intercourse with complainant by penetrating his mouth with your penis, without his consent.

Fifth Count

Rape – Contrary to Section 185(1) of the Criminal Code.

The accused at Kingston in Tasmania between on or about the 1^st day of December 2022 and on or about the 31^st day of December 2022, had sexual intercourse with the complainant by penetrating your mouth with his penis, without his consent.

Sixth Count

Rape – Contrary to Section 185(1) of the Criminal Code.

Seventh Count

Rape – Contrary to Section 185(1) of the Criminal Code.

Eighth Count

Rape – Contrary to Section 185(1) of the Criminal Code.

The accused at Kingston in Tasmania between on or about the 1^st day of June 2023 and on or about the 30^th day of June 2023, had sexual intercourse with the complainant by penetrating your mouth with his penis, without his consent.

Ninth Count

Rape – Contrary to Section 185(1) of the Criminal Code.

Tenth Count

Rape – Contrary to Section 185(1) of the Criminal Code.

The accused at Campbell Town in Tasmania between on or about the 1^st day of January 2020 and on or about the 31^st day of December 2020, had sexual intercourse with the complainant by penetrating your mouth with his penis, without his consent.

Eleventh Count

Rape – Contrary to Section 185(1) of the Criminal Code.

The accused at Campbell Town in Tasmania between on or about the 1^st day of January 2020 and on or about the 31^st day of December 2020 had sexual intercourse with the complainant by penetrating his mouth with your penis, without his consent.

Twelfth Count

Rape – Contrary to Section 185(1) of the Criminal Code.

Thirteenth Count

Rape – Contrary to Section 185(1) of the Criminal Code.

The accused at Hobart in Tasmania between on or about the 1^st day of September 2020 and on or about the 31^st day of December 2020, had sexual intercourse with the complainant by penetrating your mouth with his penis, without his consent.

Fourteenth Count

Rape – Contrary to Section 185(1) of the Criminal Code.

Fifteenth Count

Rape – Contrary to Section 185(1) of the Criminal Code.

Sixteenth Count

Rape – Contrary to Section 185(1) of the Criminal Code.

The accused at Hobart in Tasmania between on or about the 1^st day of January 2020 and on or about the 31^st day of December 2020, had sexual intercourse with the complainant by penetrating your mouth with his penis, without his consent.

Seventeenth Count

Rape – Contrary to Section 185(1) of the Criminal Code.

Eighteenth Count

Rape – Contrary to Section 185(1) of the Criminal Code.

Nineteenth Count

Indecent Assault – Contrary to Section 127 of the Criminal Code.

The accused at Hadspen in Tasmania between on or about the 1^st day of January 2018 and on or about the 31^st day of December 2019 unlawfully and indecently assaulted the complainant, by masturbating his penis.

Twentieth Count

Indecent Assault – Contrary to Section 127 of the Criminal Code

The accused at Longford in Tasmania between on or about the 8^th day of July 2023 and on or about the 24^th day of July 2023 unlawfully and indecently assaulted the complainant, by masturbating his penis.

Twenty-First Count

Rape – Contrary to Section 185(1) of the Criminal Code.

The accused at Longford in Tasmania between on or about the 8^th day of July 2023 and on or about the 24^th day of July 2023, had sexual intercourse with the complainant by penetrating your mouth with his penis, without his consent.

Twenty-Second Count

Indecent Assault – Contrary to Section 127 of the Criminal Code.

The accused at Longford in Tasmania between on or about the 8^th day of July 2023 and on or about the 24^th day of July 2023, unlawfully and indecently assaulted the complainant, by masturbating his penis.

Twenty-Third Count

Rape – Contrary to Section 185(1) of the Criminal Code.

The accused at Longford in Tasmania between on or about the 8^th day of July 2023 and on or about the 24^th day of July 2023 had sexual intercourse with the complainant by penetrating your mouth with his penis, without his consent.

Twenty-Fourth Count

Rape – Contrary to Section 185(1) of the Criminal Code.

Twenty-Fifth Count

Rape – Contrary to Section 185(1) of the Criminal Code.

The accused at Longford in Tasmania between on or about the 8^th day of July 2023 and on or about the 24^th day of July 2023, had sexual intercourse with the complainant by forcing him to allow another person to penetrate the complainants mouth with his penis, without his consent.

Twenty-Sixth Count

Indecent Assault – Contrary to Section 127 of the Criminal Code.

The accused at Longford in Tasmania between on or about the 8^th day of July 2023 and on or about the 24^th day of July 2023, unlawfully and indecently assaulted the complainant, by kissing him on the mouth and masturbating his penis.

Twenty-Seventh Count

Rape – Contrary to Section 185(1) of the Criminal Code.

The accused at Kingston in Tasmania between on or about the 1^st day of January 2018 and on or about the 31^st day of December 2019, had sexual intercourse with the complainant by penetrating your mouth with his penis, without his consent.

Twenty-Eighth Count

Rape – Contrary to Section 185(1) of the Criminal Code.

Twenty-Ninth Count

Rape – Contrary to Section 185(1) of the Criminal Code.

Thirtieth Count

Indecent act with or directed at a CHILD OR young person – Contrary to Section 125B of the Criminal Code.

The accused at Kingston in Tasmania between on or about the 1^st day of January 2018 and on or about the 31^st day of December 2019, did an indecent act with and/or directed at the complainant, a child or young person born on the 24th of April 2009, by masturbating yourself and ejaculating onto his back.

Thirty-First Count

Rape – Contrary to Section 185(1) of the Criminal Code.

Thirty-Second Count

Rape – Contrary to Section 185(1) of the Criminal Code.

Thirty-Third Count

Rape – Contrary to Section 185(1) of the Criminal Code.

The accused at Kingston in Tasmania between on or about the 1^st day of January 2019 and on or about the 31^st day of December 2019, had sexual intercourse with the complainant by penetrating his anus with your finger or fingers, without his consent.

Thirty-Fourth Count

Rape – Contrary to Section 185(1) of the Criminal Code.

Thirty-Fifth Count

Rape – Contrary to Section 185(1) of the Criminal Code.

Thirty-Sixth Count

Indecent Assault – Contrary to Section 127 of the Criminal Code.

The accused at Kingston in Tasmania between on or about the 1^st day of January 2018 and on or about the 31^st day of December 2019, unlawfully and indecently assaulted the complainant, by masturbating his penis.

Thirty-Seventh Count

Rape – Contrary to Section 185(1) of the Criminal Code.

Thirty-Eighth Count

Indecent Assault – Contrary to Section 127 of the Criminal Code.

Thirty-Ninth Count

Rape – Contrary to Section 185(1) of the Criminal Code.

Fortieth Count

Rape – Contrary to Section 185(1) of the Criminal Code.

The accused at Kingston in Tasmania between on or about the 1^st day of January 2022 and on or about the 31^st day of December 2022, had sexual intercourse with the complainant by penetrating his anus with your penis, without his consent.

Forty-First Count

Rape – Contrary to Section 185(1) of the Criminal Code.

The accused at Kingston in Tasmania between on or about the 1^st day of January 2022 and on or about the 25^th day of July 2023, had sexual intercourse with the complainant by penetrating his anus with your penis, without his consent.

Forty-Second Count

Rape – Contrary to Section 185(1) of the Criminal Code.

The accused at Kingston in Tasmania between on or about the 1^st day of January 2019 and on or about the 31^st day of December 2020, had sexual intercourse with the complainant by penetrating his mouth with your penis, without his consent.

Forty-Third Count

Indecent act with or directed at a CHILD OR young person – Contrary to Section 125B of the Criminal Code.

The accused at Kingston in Tasmania between on or about the 1^st day of January 2019 and on or about the 31^st day of December 2020, did an indecent act with and/or directed at the complainant, a child or young person born on the 24^th of April 2009, by masturbating yourself and ejaculating onto his face and head.

Forty-Fourth Count

Rape – Contrary to Section 185(1) of the Criminal Code.

Forty-Fifth Count

Rape – Contrary to Section 185(1) of the Criminal Code.

The accused at Kingston in Tasmania between on or about the 1^st day of January 2019 and on or about the 31^st day of December 2020, had sexual intercourse with the accused by penetrating your mouth with his penis, without his consent.

Forty-Sixth Count

Indecent Assault – Contrary to Section 127 of the Criminal Code.

The accused at Kingston in Tasmania between on or about the 1^st day of January 2019 and on or about the 31^st day of December 2020, unlawfully and indecently assaulted the complainant, by masturbating his penis.

Forty-Seventh Count

Rape – Contrary to Section 185(1) of the Criminal Code.

Forty-Eighth Count

Rape – Contrary to Section 185(1) of the Criminal Code.

Forty-Ninth Count

Rape – Contrary to Section 185(1) of the Criminal Code.

Fiftieth Count

Indecent Assault – Contrary to Section 127 of the Criminal Code.

The accused at Kingston in Tasmania between on or about the 1^st day of January 2022 and on or about the 31^st day of December 2022, unlawfully and indecently assaulted the complainant, by masturbating his penis.

Fifty-First Count

Indecent act with or directed at a child or young person – Contrary to Section 125B of the Criminal Code.

The accused at Hadspen in Tasmania between on or about the 1^st day of January 2018 and on or about the 31^st day of December 2018, did an indecent act with and/or directed at the complainant, a child or young person born on the 24^th of April 2009, by masturbating yourself and ejaculating onto his back.

Fifty-Second Count

Indecent Assault – Contrary to Section 127 of the Criminal Code.

The accused at Kingston in Tasmania between on or about the 1^st day of January 2020 and on or about the 31^st day of December 2021, unlawfully and indecently assaulted the complainant, by touching his bottom.

Fifty-Third Count

Rape – Contrary to Section 185(1) of the Criminal Code.

Fifty-Fourth Count

Indecent Assault – Contrary to Section 127 of the Criminal Code.

Fifty-Fifth Count

Rape – Contrary to Section 185(1) of the Criminal Code.

Fifty-Sixth Count

Indecent act with or directed at a child or young person – Contrary to Section 125B of the Criminal Code.

The accused at Kingston in Tasmania between on or about the 1^st day of January 2022 and on or about the 31^st day of December 2022, did an indecent act with and/or directed at the complainant a child or young person born on the 24^th of April 2009, by masturbating yourself and ejaculating onto his stomach.

Fifty-Seventh Count

Rape – Contrary to Section 185(1) of the Criminal Code.

The accused at Kingston in Tasmania between on or about the 1^st day of January 2019 and on or about the 31^st day of December 2021, had sexual intercourse with the complainant by penetrating his mouth with your penis, without his consent.

Fifty-Eighth Count

Indecent Assault – Contrary to Section 127 of the Criminal Code.

The accused at Kingston in Tasmania between on or about the 1^st day of January 2019 and on or about the 31^st day of December 2021, unlawfully and indecently assaulted the complainant, by touching his bottom.

Fifty-Ninth Count

Rape – Contrary to Section 185(1) of the Criminal Code.

Sixtieth Count

Rape – Contrary to Section 185(1) of the Criminal Code.

Sixty-First Count

Rape – Contrary to Section 185(1) of the Criminal Code.

Sixty-Second Count

Indecent act with or directed at a child or young person – Contrary to Section 125B of the Criminal Code.

The accused at Kingston in Tasmania between on or about the 1^st day of January 2018 and on or about the 31^st day of December 2019, did an indecent act with and/or directed at the complainant, a child or young person born on the 24^th of April 2009, by masturbating yourself and ejaculating onto his face.

Sixty-Third Count

Rape – Contrary to Section 185(1) of the Criminal Code.

Sixty-Fourth Count

Indecent Assault – Contrary to Section 127 of the Criminal Code.

Sixty-Fifth Count

Rape – Contrary to Section 185(1) of the Criminal Code.

Sixty-Sixth Count

Rape – Contrary to Section 185(1) of the Criminal Code.

The accused at Kingston in Tasmania between on or about the 1^st day of January 2018 and on or about the 7^th day of November 2021, had sexual intercourse with the complainant by penetrating his anus with your penis, without his consent.

Sixty-Seventh Count

Rape – Contrary to Section 185(1) of the Criminal Code.

The accused at Kingston in Tasmania between on or about the 1^st day of January 2018 and on or about the 24^th day of July 2021, had sexual intercourse with the complainant by penetrating his mouth with your penis, without his consent.

Sixty-Eighth Count

Rape – Contrary to Section 185(1) of the Criminal Code.

Sixty-Ninth Count

Rape – Contrary to Section 185(1) of the Criminal Code.

Seventieth Count

Indecent Assault – Contrary to Section 127 of the Criminal Code.

Seventy-First Count

Rape – Contrary to Section 185(1) of the Criminal Code.

The complainant at Kingston in Tasmania between on or about the 1^st day of January 2019 and on or about the 31^st day of December 2021, had sexual intercourse with the complainant by penetrating his mouth with your penis, without his consent.

Seventy-Second Count

Indecent Assault – Contrary to Section 127 of the Criminal Code.

Seventy-Third Count

Rape – Contrary to Section 185(1) of the Criminal Code.

Seventy-Fourth Count

The accused at Kingston in Tasmania between on or about the 1^st day of January 2019 and on or about the 31^st day of December 2021 had sexual intercourse with the complainant by penetrating his anus with your penis, without his consent.

Seventy-Fifth Count

Involving a person under the age of 18 years in the production of child exploitation material – Contrary to Section 130 of the Criminal Code.

The accused at Kingston and Hadspen in Tasmania between on or about the 1^st day of January 2018 and on or about the 25^th day of July 2023, facilitated the production of child exploitation material, namely the recording of sexual activity between yourself and the complainant a person under the age of 18 years, when you knew or ought to have known that the material was child exploitation material.

Seventy-Sixth Count

Producing of Child Exploitation Material – Contrary to Section 130A of the Criminal Code.

The accused at Kingston and Hadspen in Tasmania between on or about the 1^st day of January 2018 and on or about the 25^th day of July 2023, produced material, that you knew or ought to have known would be child exploitation material, namely recording yourself sexually abusing a child.

Seventy-Seventh Count

Distribution of child exploitation material – Contrary to 130B(1) of the Criminal Code.

The accused at Kingston in Tasmania between on or about the 1^st day of January 2018 and on or about the 25^th day of July 2023, distributed child exploitation material that you knew or ought to have known, was child exploitation material.

Seventy-Eighth Count

Possession of Child Exploitation Material – Contrary to 130C of the Criminal Code.

The accused at Kingston in Tasmania on or about the 27^th day of July 2023, possessed child exploitation material, namely 38 videos depicting the sexual abuse of a child that have been classified as child exploitation material, knowing that the material was child exploitation material.

Count 3 on the indictment was the subject of a nolle prosequi.

The defendant also pleaded guilty, through his counsel, to a number of summary offences, namely charges 25, 26 & 27 on complaint number 7068/2023, being offences of making or producing child exploitation material, and charge 69 on complaint number 10493/2023, being an offence of possessing a bestiality product.

The defendant, who is the complainant’s biological uncle, and during the time of these crimes lived with his parents (the maternal grandparents of the complainant), was diagnosed as HIV positive in 2019. During the period of the commission of the crimes for which he is now to be sentenced, the defendant, with the exception of one occasion, did not wear any protection against the transmission of AIDS or any other STD, to the complainant.

The complainant is now 15 years of age. He was born in April 2009. He lives with his father and sister. There is a Family Law Court order restricting access by his mother, (who is the defendant’s sister) and as a result, the complainant regularly visited and stayed at his grandparents’ residence.

On Wednesday, 26 July 2023, the complainant attended the Huonville Police Station with his father, to report allegations of sexual abuse by the defendant. The following day the complainant attended the Kingston Police Station where he participated in a recorded interview with detectives. During this interview, the complainant outlined numerous occasions of sexual abuse by the defendant at different locations over a period spanning from 2018 to July 2023.

The complainant told police that the majority of the sexual abuse was committed by the defendant, however he explained that the defendant regularly took him to the greater Launceston area, where he was subjected to sexual abuse by the defendant and a male friend of the defendant, I will refer to as C, who is now aged 40 years. The defendant and C have been friends for a period in excess of eight years during which time they had also been sexual partners.

During the interview, the complainant outlined the following general features of the abuse:

He said the defendant referred to the sexual acts as “doing porn with me”.
He was not a willing participant and stated that the defendant “tells me to do it”.
He recalled that the defendant would record the acts on his phone.
During the commission of sexual acts, the defendant would put headphones on him and let him play video games or watch television.
When outlining incidents at public toilets at both Campbell Town and Hobart where he stated that the defendant “told me to suck his dick” and he explained that when he did, he said “I just wanted to throw up”.
On occasions when the defendant anally raped the complainant, the complainant said, “it was pain after pain after pain”.
On the one occasion that the defendant kissed him on the lips, he stated it was “surprising and disgusting”.

On 27 July 2023, police executed a search warrant at the defendant’s residence, seizing a laptop, computer and external hard drives. These were sent for forensic analysis.

Also on that day, the defendant attended the Hobart police station and participated in a recorded interview with police in which he denied any involvement in the sexual abuse of the complainant. He made the following comments:

Of the complainant, he said “I love him, and he loves me too – he is always safe with me”.
The complainant’s parents “always trusted me to look after [him]”.
“I wash him and bath him [the complainant], as he doesn’t know how to clean himself”.
He initially denied having any sexual contact with the complainant and outlined that he “never hurt him or caused him distress; He must have been influenced by others like his sister…” and “I did not sexually assault my nephew”.
He denied recording any sexual acts with the complainant on his mobile phone.
He admitted that the complainant would regularly sit in his bedroom playing video games.
He said that on one occasion he locked the door, put a towel on his bed and removed the complainant’s pants and underwear to clean him up. He added that the complainant would regularly wet himself.
He also said that on one occasion he went into the complainant’s room and got the complainant to come back with him to his bedroom, where he took the complainant’s pants off and used a towel to clean him as he had wet himself. During this he told police he believed the complainant had ejaculated because he had rubbed his penis area too much when cleaning. He admitted that he had seen that the complainant had an erection, but did not stop “cleaning”.
He further admitted that on one occasion, the complainant was on his bed playing video games, when he put a set of headphones onto him so that he could better listen to the game. He then explained that he had done inappropriate things to the complainant, including demonstrating to him how to masturbate.
The defendant then admitted that he had also masturbated the victim on occasions, as part of his demonstration to the complainant of masturbation.

The following day, police returned to the defendant’s residence, executed another search warrant, and seized the defendant’s mobile phone. The phone was examined and found to contain a video depicting the sexual abuse of the complainant by the defendant. Also found on the phone was a video which had been sent by C to the defendant using the Signal App. This video depicted C indecently assaulting a young male child, who was later identified as a boy, now aged 10 years, from the greater Launceston area.

On that same day, 28 July 2023, the defendant participated in another recorded interview with police, during which he made admissions relating to the ongoing sexual abuse of the complainant between 2018 and 2023, with the most recent occasion being in July 2023. He further admitted to recording at least three of those acts of sexual abuse. In particular, the defendant made the following comments:

He admitted that a video located on his mobile phone was of him having the complainant perform oral sex on him and then him performing oral sex on the complainant. He further admitted that he had recorded the video, using his mobile phone in his bedroom at Kingston.
He said that no other person had access to his mobile phone or its passwords.
He admitted that he had taken other videos of sexual acts with the complainant, however, would not specify when, where or how many.
He conceded that consent was most likely an issue to the age difference and the complainant not saying anything to him during sexual acts.
He was HIV positive, and has continued to have unprotected sex with partners, including the complainant.
He admitted that a sex aid (a dildo) seized in the search of his home belonged to him, however denied using it on the complainant, despite being accurately described by the complainant, and no other item of that description being located during the search.
He then admitted to having had anal sex with the complainant but again refused to specify when or on how many occasions.
He said that he used lubricant on his penis and did not notice any bleeding of the complainant’s anus after sex.
He initially denied sexual contact with the complainant in any public toilet, however then admitted to having anal sex with him in a public toilet, but did not specify where or when.
He knew he had taken advantage of the complainant due to his age and promised not to do anything like this again.
He refused to provide any details about his friend in Launceston or the location of his houses.
He admitted that he had done “inappropriate things, I shouldn’t have done, not proud to admit it” and that he was “not 100% honest” – and didn’t want to go to gaol.
The defendant did not display any empathy or remorse for his actions toward the complainant and instead made comments focusing on himself such as: “I love him a lot, don’t want to go gaol” and “I’ll never do anything like this again – if you let me go”.

At the conclusion of this interview, the defendant was arrested and charged with multiple counts of rape, indecent assault and making child exploitation material. He was charged and remanded in custody.

On the 1 August 2023, the complainant again attended Kingston Police Station where he participated in a further interview, this time outlining further details about C.

As a result, on 8 August 2023, police went to C’s home in northern Tasmania, where they executed a search warrant. This led to a further search in the greater Launceston area and to the identification of the child, who later confirmed to police he was the child depicted in the video sent to the defendant by C. Police also ascertained the recording was made in December 2022.

Also on 8 August 2023, C participated in a recorded interview with detectives at the Launceston Police Station. During this interview, he admitted filming the indecent assault of the young boy and forwarding it to the defendant. C admitted that the defendant regularly visited his residences in the north of the State over the period between 2018 and 2023 with the complainant, however he denied allegations that he personally had sexually abused the complainant.

A forensic examination was conducted on the defendant’s mobile phone, which extracted a significant number of sexually explicit videos, including:

29 videos depicting further incidents of sexual abuse of the complainant by the defendant.
9 videos depicting varying child exploitation material but not including the complainant; and
3 videos containing bestiality product.

On 21 September 2023, the defendant again participated in a recorded interview with police regarding the items located on his mobile phone. During this interview, he made admissions relating to both recording and distributing the videos that contained acts of sexual abuse of the complainant by him between 2018 and 2023. He made further admissions regarding the possession of the child exploitation material and bestiality product found on his phone. At the conclusion of this interview, the defendant was charged with further crimes of rape, indecent assault, indecent act directed at a child, involving a person under the age of 18 in the production of child exploitation material, production, distribution and possession of child exploitation material and possession of bestiality product. He was returned to custody.

The sexual abuse of the complainant by the defendant was continuous in nature during 2018 to 2023, a period of approximately five years. During this time, the complainant was aged between 9 and 14 years of age. Details of the specific incidents disclosed by the complainant:

Occasion 1

The complainant identified an occasion in October or November 2018 when the defendant had recently moved back into his house at Kingston. The complainant recalls he was living at the address at the time with his grandparents and he went into the defendant’s bedroom to “chill out and play video games”.

The defendant came into the bedroom, shutting and then locking the door behind him. He placed a towel down on his bed before pulling the complainant’s pants down and performing oral sex on him (Count 1).

The defendant then told the complainant to lie on his front, after which the defendant inserted his penis into the complainant’s anus and had sex with him.

The defendant then turned the complainant over and had him place his legs on the defendant ‘s shoulders. The defendant then re-inserted his penis into the complainant’s anus and continued to have sex with him (Count 2).

The defendant recorded himself committing these crimes on his mobile phone (Complaint 7068/23, count 25).

Occasion 2 – Count 3 – nolle prosequi entered

Occasion 3

The next occasion recalled by the complainant occurred in December 2022, again in the defendant’s bedroom. The complainant recalls the defendant getting him to lay down on the bed at which time the defendant directed the complainant to perform oral sex on him, which he did (Count 4).

The defendant then performed oral sex on the complainant (Count 5) before inserting his fingers into the complainant’s anus (Count 6). The defendant then turned the complainant over onto his front and had anal sex with him (Count 7). During this, the complainant told the defendant that what he was doing to him was hurting.

Again, the defendant recorded these acts on his mobile phone (Complaint 7068, count 26).

Occasion 4

This occasion was in June 2023, again in the defendant’s bedroom at Kingston. The complainant was in the defendant’s bedroom playing video games on the bed. The defendant placed headphones onto the complainant and told him to continue playing while he proceeded to pull the complainant’s pants down and then perform oral sex on him (Count 8). Following this, the defendant then grabbed hold of the complainant’s head, and forced the complainant to perform oral sex on him (Count 9).

Occasion 5

This occasion occurred in the public toilets in Campbell Town, sometime in 2020. The complainant recalls that he and the defendant were returning from a trip to Launceston. He said they entered the disabled toilets, where the defendant pulled his pants down and performed oral sex on him (Count 10).

The defendant then made the complainant perform oral sex on him by grabbing hold of the complainant’s head and again forcing his mouth onto the defendant’s penis (Count 11).

The defendant then had complainant lie on the floor of the toilet after which he inserted his penis in the complainant’s anus, having intercourse with him (Count 12).

Occasion 6

The next occasion again occurred in public toilets, this time in Hobart in late 2020.

The complainant recalls that they entered the men’s toilet, where the defendant pulled his pants down and performed oral sex on him (Count 13).

The defendant then forced the complainant to perform oral sex on him (Count 14), before having the complainant lie on the floor of the toilet so the defendant could have anal intercourse with him (Count 15).

Occasion 7

This occasion occurred in the same public toilet in Hobart, again in 2020.

They entered the men’s toilet, where the defendant pulled the complainant’s pants down and performed oral sex on him (Count 16). He then forced the complainant to perform oral sex on him (Count 17) before again having the complainant to lay face down on the floor so he could insert his penis into the complainant’s anus and have intercourse with him (Count 18).

On this occasion the defendant recorded the acts while he committed them (Complaint 7068/23, count 27).

Occasion 8

The complainant identified an occasion, sometime in either 2018 or 2019 when the defendant took him to C’s home in the north of the State. The complainant recalls being in a bedroom with both the defendant and Mr C, and that they were masturbating each other.

The defendant then began masturbating the complainant (Count 19), after which C also masturbated the complainant until he ejaculated.

Occasion 9

The following crimes occurred during the July school holidays in 2023, when the defendant had taken the complainant to stay with C at a new house in which he was living in northern Tasmania.

The complainant recalls being in the shower at this house, and that when he got out; the defendant came into the bathroom and dried him off before first masturbating him (Count 20), and then performing oral sex on him (Count 21).

At this point C entered the bathroom and told the defendant to stop doing this to the complainant because they would “do it later”.

Occasion 10

It was later that evening that the complainant was in a bedroom with both the defendant and C. The complainant was trying to get to sleep, but both the defendant and C came to him and pulled his pants down, and then took turns to masturbate the complainant (Count 22) and then took turns to perform oral sex on him (Count 23).

The defendant then made the complainant perform oral sex on him (Count 24) before instructing the complainant to perform oral sex on C (Count 25). Following this, the defendant then kissed the complainant on the mouth and while he did this, he again masturbated the complainant’s penis with his hand (Count 26).

The forensic analysis conducted on the defendant’s mobile phone that had been seized on 28 July 2023, located 29 videos of differing length, depicting the following further crimes committed upon the complainant by the defendant.

As part of the investigation, detectives reviewed each video recording, identifying the defendant and complainant in each one. Also, because the dates range between 2018 and 2023, and the conduct is similar to that described on other occasions, particular attention was paid to the possibility that the videos might duplicate other occasions outlined by the complainant in his recorded interview.

Each recording typically contained information about the date that the file had been either created or modified. While it may be the situation that this also reflects the date the crimes were committed, it is not necessarily so. It may be that this is simply when the footage was first uploaded to this mobile device, or the last time it was altered or moved within the device and both of those dates may be later dates than the date of the actual crimes. However, a review of each recording by investigators established the date range as between 2018 and 2020 based on the physical characteristics of the complainant and comparison with sample photographs provided by his father.

The first video was created or modified on 7 March 2020 and goes for 20 seconds. The conduct depicted occurred sometime in either 2018 or 2019. It shows the complainant lying on a bed while the defendant performed oral sex on him (Count 27). During the video, the complainant can be heard to say, “don’t get the white stuff in your mouth”, “that tickles” while giggling and “Oh M, can I tell you something?” before the clip ends.

The second video was created or modified on 12 June 2023 and goes for 8 seconds. The conduct depicted occurred sometime in either 2018 or 2019. It occurs in the front bedroom of the defendant’s residence, and the defendant’s face is clearly seen. He is wearing a leather jacket and is seen adjusting his mobile phone. The complainant’s face is also seen, and he is naked from the waist down. The complainant’s legs have been positioned on the defendant’s shoulders and the defendant is pressed up against the complainant’s backside, penetrating the complainant’s anus with his penis (Count 28).

The third video was created or modified on 28 May 2022 and goes for 1 minute and 6 seconds. The conduct depicted occurred sometime in either 2018 or 2019. The conduct again occurs in the defendant’s bedroom, with the complainant seen naked from the waist down, wearing a grey camouflage jumper and laying on his stomach on the bed. He is wearing a set of headphones. The defendant inserts his penis into the complainant’s anus and commences thrusting (Count 29). The defendant then withdraws his penis and masturbates himself until he ejaculates onto the complainant’s back (Count 30).

The fourth video was created or modified on 24 July 2021 and goes for 4 minutes and 54 seconds. The conduct depicted occurred sometime in either 2018 or 2019 in the bathroom at the defendant’s home. The complainant is naked and positioned on his hands and knees on the floor of the bathroom. The defendant is wearing a dark coloured leather jacket, and is recorded having anal sex with the complainant (Count 31). On this occasion the defendant is wearing a condom. The defendant is also seen putting the thumb of his right hand into the complainant’s anus (Count 32). It appears that some type of lubricant has been applied around the complainant’s anus and bottom area. At one point the video goes dark, and the defendant can be heard to say “this way, come back” and the complainant is heard to make a sound indicating he is experiencing pain. The defendant can then be heard to tell the complainant to get on his knees. The video then comes back on, and the complainant is heard to say “oh god” before the video goes black again. When the video recommences, the defendant is again having anal sex with the complainant. During this time the complainant can be heard wincing in pain and panting heavily. The defendant withdrew his penis and ejaculated into the condom and the recording ends.

The fifth video was created or modified on 7 November 2021 and goes for 1 minute and 28 seconds. The conduct depicted occurred sometime in 2019. It occurs in the defendant’s bedroom and shows the complainant lying on his back on the bed with his legs up, pyjama pants pulled down and his anus exposed to the camera. The defendant is seen to be inserting his right index finger into and out of the complainant’s anus continuously (Count 33). Again, there appears to be lubricant around the complainant’s anus. The defendant is then seen to insert both his right index and middle fingers into and out of the complainant’s anus until the video goes black. When the vision recommences, the complainant is in the same position, with the defendant having re-positioned himself at the bottom of the complainant with his legs either side of the complainant. The defendant then inserted his penis into the complainant’s anus and had anal sex with him until the video ends (Count 34).

The sixth recording was created or modified on 28 May 2022 and goes for 49 seconds. The conduct depicted occurred sometime in 2019. On this occasion the complainant is in the defendant’s bedroom, lying on his stomach on the bed. His pants have been pulled down, exposing his anus. Again, there appears to have been a lubricant applied to his anus. The defendant is seen inserting his right index finger into the complainant anus, moving it in and out. The camera then zooms out to reveal the complainant on the bed, wearing a grey coloured camouflage jumper, again with headphones on. The defendant then inserted both his right index and middle fingers into the complainant’s anus, again moving them in and out. The defendant then uses his fingers to spread the complainant’s anus open before the recording ends (Count 35).

The seventh recording was also created or modified on 28 May 2022 and goes for 53 seconds. The conduct depicted occurred sometime in 2018 or 2019. The complainant is again seen in the footage in the defendant’s bedroom, lying on the bed on his side, but face down. The defendant appears to have removed the complainant’s penis from the top of his pants and is masturbating it. The recording then zooms out to show the complainant, wearing a grey camouflage jumper, with headphones on and playing a video game, whilst the defendant continues to masturbate and stroke the complainant’s penis before the recording ends (Count 36).

The eighth recording was also created or modified on 28 May 2022 and goes for 3 minutes and 35 seconds. The conduct depicted occurred sometime in 2018 or 2019. The complainant is laying down on the bed in the defendant’s bedroom on his stomach. He is wearing a grey camouflage jumper, black track pants and has headphones on, playing a video game. The complainant is heard to say, “what am I looking for?” The defendant is heard saying “I don’t know what are you looking for” whilst undoing his jeans and removing his penis. The defendant then walks over to the complainant and instructs him to “lift up for a sec” and the complainant lifts his head. The defendant then inserts his penis into the mouth of the complainant (Count 37). The complainant can be heard making noises of discomfort or irritation. The defendant removed his penis and the complainant said, “I cannot see”. The defendant then instructed the complainant, saying “turn around go on”. The complaint then turns his head toward the defendant who reinserts his penis into the complainant’s mouth and makes small thrusting movements. During this, the complainant can be heard making groaning noises. The defendant then says to the complainant “can you pause it” referring to the video game, which the complainant does. The defendant then re-inserts his penis into the complainant’s mouth, grabs the top of his head by the hair with his right hand and says to him “look at me, look at me”. The complainant then pulls away from the defendant. The defendant then moves to the rear of the complainant and the screen goes black. When the image returns, the complainant’s pants have been pulled down to expose his anus. The defendant then spreads the complainant’s bottom cheeks to expose his anus (Count 38). The defendant then rubs the complainant’s cheeks during which the complainant is heard to say “ow”. The recording ends.

The ninth recording was also created or modified on 28 May 2022 and goes for 46 seconds. The conduct depicted occurred sometime in 2018 or 2019. Again, the complainant is seeing laying on the bed in the defendant’s bedroom, face down with his pants pulled down and anus exposed. The defendant is rubbing his penis over the complainant’s anus before appearing to deliberately show it (his penis) to the camera. The defendant then inserts his penis into the complainant’s anus (Count 39). The complainant can be heard yelling out “ahh oh that hurts, ahh”. The defendant can be heard saying “ok mate” before withdrawing his penis and then instructing the complainant “lie down” and the recording ends.

The tenth recording was created or modified on 18 September 2022 and goes for 2 minutes and 43 seconds. The conduct depicted occurred sometime in 2022. The complainant is laying on the bed in the defendant’s bedroom on his back, with no pants on and positioned with his legs up, exposing his anus. Like other occasions, there appears to be lubricant around the complainant’s anus. The defendant inserts his penis into the complainant’s anus (Count 40). The complainant can be heard to groan in pain and say “ow”, to which the defendant is heard to say “come on”. The complainant replies by saying “ow ow ow”, and the defendant is heard to say “shhh, your legs, put your legs out”. The defendant withdraws his penis and then inserts it again into the complainant’s anus. The complainant appears to be in pain and the recording moves to the complainant’s face, showing him grimacing and in pain and then returns to show the defendant continuing to have anal sex with the complainant. The recording again shows the face of the complainant in obvious pain, and he is heard making noises and screams consistent with this. The defendant then stops, and instructs the complainant “alright, get on your knees, turn around, hands and knees come on, down”. The defendant can then be seen positioning the legs of the complainant before re-inserting his penis into the complainant’s anus, from the rear. As this occurs, the complainant can be heard saying “no” and whimpering. The defendant continues to have anal sex with the complaint and the recording ends.

The eleventh recording was created or modified on 12 June 2023 and goes for 50 seconds. The conduct depicted occurred sometime in 2022 or 2023 in the defendant’s bedroom. It shows the complainant laying on a bed on his back, wearing a black “Champion” t-shirt, with no pants on, positioned with his legs up and his anus exposed. The defendant inserts his penis into the anus of the complainant (Count 41). The only sounds heard on this recording are those of heavy breathing of the defendant.

The twelfth recording was created or modified on 5 June 2021 and goes for 3 minutes and 14 seconds. The conduct depicted occurred sometime in 2019 or 2020. The location is in the bathroom at the defendant’s home. The complainant is seen naked and commences performing oral sex on the defendant (Count 42). The defendant says to the complainant “look at me” and the complainant looks up, to which the defendant says “good boy”. The defendant then says, “can you go deeper, how deep can you go?” The complainant then places more of the defendant’s penis into his mouth. The defendant then says, “can you go all the way in, is that as far as you can go, come on, show me how deep you can go, keep doing that, go all the way down”. The complainant then stops the oral sex and the defendant instructs him “down again” and the complainant resumes performing oral sex. The defendant then instructs the complainant “alright, long ones” referring to how far he wants the complainant to go down on his penis. The defendant then stops the complainant and has him sit in a different position facing him. The defendant waves his penis in front of the complainant and instructs “come on” and the complainant recommences performing oral sex on the defendant. The defendant says “keep doing that” while thrusting his penis into the complainant’s mouth. The defendant then withdraws his penis from the complainant’s mouth and starts masturbating himself in front of the complainant. The defendant then says to the complainant “close your mouth, look at me” as he continues to masturbate himself. The defendant then ejaculates on the face and head of the complainant (Count 43). The defendant says “look at me” and the complainant looks up into the camera and says “it’s all over my face”. The recording then ends.

The thirteenth recording was also created or modified on 2 July 2023 and goes for 2 minutes and 54 seconds. The conduct depicted occurred sometime in 2019 or 2020. It starts with the defendant giving the complainant and instruction to “lie back”. The recording then shows the face of the defendant, before he places the camera underneath the complainant’s bottom and penis. They are again in the defendant’s bedroom. The complainant is facing away from the defendant, with his face down and his anus exposed. The defendant then inserts his penis into the complainant’s anus (Count 44). The defendant stops, removes his penis from the complainant’s anus and tells him to “get down”. He shows his own face to the camera at which point he can be seen to be wearing a dark coloured leather jacket. The defendant then again inserts his penis into the complainant’s anus and recommences anal sex during which he changes the position of the camera to look down on the back of the complainant. The recording then ends.

The fourteenth recording was created or modified on 11 June 2023 and goes for 1 minute and 29 seconds. The conduct depicted occurred sometime in 2019 or 2020. The conduct in this recording is identified as happening in the front bedroom at the defendant’s home. The defendant’s face is visible as he performs oral sex on the complainant (Count 45). The defendant then stops performing oral sex and commences to masturbate the complainant’s penis (Count 46) and the recording ends.

The fifteenth recording was created or modified on 2 July 2023 and goes for 5 minutes and 58 seconds. The conduct depicted occurred sometime in 2022. This occurs in the defendant’s bedroom and shows the complainant lying face down on the bed with his pants pulled down and his anus clearly visible to the camera. The defendant inserts his right index and middle fingers into the complainant’s anus before removing them and inserting his thumb into complainant’s anus (Count 47). The defendant then moves the position of the camera, which shows his own face. He is seen to be wearing a dark coloured leather jacket. The defendant then says to the complainant “move forward a bit, keep going, can you get your pants off?” The defendant can then be seen throwing the complainant’s pants to the side of him and heard to give a further instruction to “move back”. The defendant then places the camera under the complainant’s anus and penis and then is seen inserting his penis into the complainant’s anus and having anal sex with him (Count 48). The defendant then withdraws his penis and tells the complainant to “get down” before again inserting his penis into the complainant’s anus and resuming anal sex. The defendant then stops and repositions his camera, to show the complainant on the bed, facing down and on his hands and knees. The defendant then inserts his penis into the complainant’s anus again and resumes intercourse. The defendant then moves his camera again, holding it out to the side to show himself having anal sex with the complainant, during which he smiles and sticks his tongue out at the camera. The defendant then withdraws his penis, which is seen to be covered in faeces. The recording then ends.

The sixteenth recording was created or modified on 11 June 2023 and goes for 2 minutes and 18 seconds. The conduct depicted occurred sometime in 2019 or 2020. The location is identified as the front bedroom of the defendant’s residence. The complainant’s face is visible, and he is seen to be wearing a black t-shirt with the word “Champion” on it. The complainant is performing oral sex on the defendant (Count 49) and the defendant is heard to say, “how deep can you go?” The defendant then places his right hand to the back of the complainant’s head and does small thrusting motions into the complainant’s mouth. The complainant then stops performing oral sex and turns away. The defendant then provides instructions to the complainant, saying “come here, just open your mouth, put your hand down, just open your mouth, good boy” before again having complainant perform oral sex on him. The defendant then thrusts his penis in and out of the complainant’s mouth. The complainant stops and the defendant says to him “alright, stand up.” The recording ends.

The seventeenth recording was created or modified on 12 June 2023 and goes for 2 minutes and 50 seconds. The conduct depicted occurred sometime in 2022. The conduct again occurs in the front bedroom at the defendant’s residence. The defendant’s face can be seen, and he is wearing a dark coloured leather jacket. The complainant is naked from the waist down, wearing a black t-shirt with the word “Champion” on it. He is lying down on a bed. The defendant has hold of the complainant’s penis and is masturbating it. He continues doing this until the complainant ejaculates (Count 50). The defendant then moves the position of the camera to focus it on the semen on the complainant’s stomach area. The recording ends.

The eighteenth recording was created or modified on 19 July 2020 and goes for 2 minutes and 50 seconds. The conduct depicted occurred sometime in 2018. The location of this conduct is identified as a bathroom at C’s residence. The complainant is seen naked and bent over the sink, with his bottom toward the defendant. The defendant is standing less than a metre from the complainant and masturbating himself and is heard to whisper “fuck”. He continues to masturbate until he ejaculates onto complainant’s back (Count 51). The complainant can be heard to say, “oh yuck” and the recording ends.

The nineteenth recording was created or modified on 28 May 2022 and goes for 12 seconds. The conduct depicted occurred sometime in 2020 or 2021. It occurs in the defendant’s bedroom and the brief clip shows the complainant lying on his front on the defendant’s bed, with his pants pulled down. He is wearing a grey camouflage jumper. The defendant is seen touching the complainant’s naked bottom. (Count 52).

The twentieth recording was created or modified on 12 September 2020 and goes for 1 minute and 45 seconds. The conduct depicted occurred sometime in 2018 or 2019. This occurs in the bathroom at the defendant’s residence. The complainant is naked and is seen going to the defendant and commencing to perform oral sex on the defendant (Count 53). The complainant then stops, and the defendant then says to him “alright, sit there”. The complainant moves and positions himself in a bent position over the bathtub. The defendant corrects him, saying “no sit” and the complainant responds by saying “oh”. The defendant then moves the complainant to a different position where he is seated in front of him. The defendant then says to the complainant “close your eyes, this won’t take long, tilt your head back, close your eyes, right lean forward a little bit”. The complainant complies with these instructions and asks, “this way?” The defendant then continues, saying “look up, yep there we are, close your mouth, just breathe through your nose, look up.” The complainant opens his eyes and the defendant tells him “no close your eyes, don’t open them ok.” The defendant then places his penis on the complainant’s lips and ejaculates onto them (Count 54). He then says “alright” and the recording ends.

The twenty first recording was created or modified on 18 September 2022 and goes for 3 minutes and 18 seconds. The conduct depicted occurred sometime in 2022. The location of these events is identified as the defendant’s bedroom. Both the complainant and defendant are naked. The complainant is lying face down, bent over on the bed as the defendant is seen thrusting his penis into the complainant’s anus (Count 55). The complainant is heard screaming out in pain and making noises of discomfort; however, the defendant continues to vigorously thrust into the complainant’s anus before eventually withdrawing. The defendant then repositions the complainant so that his backside is lifted higher. He says “come on” to the complainant before placing the complainant in a side position and again inserting his penis into the complainant’s anus and recommencing vigorous anal intercourse. During this the complainant is clearly heard whimpering in pain. Facial shots of the complainant clearly show he is in pain. The defendant then stops the anal sex and again repositions the complainant so that he is lying on his back with his legs raised, before he again inserts his penis into the complainant’s anus and recommences vigorous thrusting. The complainant’s face is again seen at this point on the recording, showing obvious pain, along with the complainant’s audible expressions of pain. The defendant then withdraws his penis and commences masturbating over the top of the complainant, until he ejaculates onto the complainant’s stomach (Count 56). The recording then ends.

The twenty second recording was created or modified on 7 November 2021 and goes for 53 seconds. The conduct depicted occurred sometime between 2019 and 2022. The location is again identified as the defendant’s bedroom, with the complainant seen sitting on the edge of the bed. He has headphones on and is wearing green camouflage trousers and a black t-shirt with green writing on it. The defendant is seen to remove his penis from his pants. The complainant then places the defendant’s penis in his mouth and commences performing oral sex on him (Count 57).

The twenty third recording was created or modified on 28 May 2022 and goes for 2 minutes and 39 seconds. The conduct depicted occurred sometime between 2019 and 2021. Again, the conduct occurs in the defendant’s bedroom. The complainant is seen bent over the bed; he is wearing a grey camouflage tracksuit, before the defendant pulls the complainant’s pants down, revealing his bottom. The complainant can be heard talking, albeit what he says is unclear, and is followed by the defendant saying “ok”. The defendant then proceeds to touch the complainant’s bottom around his anus, spreading his anus with his hands (Count 58). While the defendant is doing this, the complainant can be heard saying “oh this is going to hurt”. The screen goes black and when it comes back on the complainant can be heard saying “ah cool cool cool cool” and the video shows the defendant rubbing lubricant onto and into the complainant’s anus. The defendant then inserts his right index finger into the complainant’s anus, before then inserting another finger in as well (Count 59). The complainant groans in pain when this occurs. The defendant then removes his fingers and inserts his penis into the complainant’s anus and commences anal sex (Count 60) and again, the complainant makes obvious sounds indicating he is in pain. The defendant is wearing a dark coloured leather jacket and as he thrusts into the complainant, he places his right hand onto the complainant’s back, before withdrawing his penis and masturbating over the top of him until the video ends.

The twenty fourth recording was created or modified on 2 July 2022 and goes for 2 minutes and 5 seconds. The conduct depicted occurred sometime between 2018 and 2019 and again occurs in the defendant’s bedroom. The complainant is lying face down and naked on the bed. The defendant is having anal sex with complainant (Count 61). The complainant is making noises of pain, before the defendant stops intercourse and the recording vision goes black. The defendant is heard telling the complainant to “lie on your back again, almost done, legs up, let me go”. The image returns and the complainant is now seen lying on his back, with his legs in the air and the defendant has recommenced having anal sex with him. The defendant can be heard breathing heavily and the complainant is again making sounds consistent with being in pain. The defendant then tells the complainant: “Lie down, legs down”, before the defendant stops the intercourse and commences masturbating over the top of the complainant. The defendant then tells the complainant to “come down a little bit, move your body down a little bit, shuffle down”. The defendant is now positioned over the head of the complainant and continues to masturbate over the top of him while the complainant’s eyes are closed. As the defendant masturbates, he can be heard saying “oh fuck, ahh, keep your eyes closed, oh here it comes”. The defendant then ejaculates on the face of the complainant (Count 62) and the recording ends.

The twenty fifth recording was created or modified on 6 August 2022 and goes for 1 minute and 13 seconds. The conduct depicted occurred sometime between 2019 and 2021 and again occurs in the defendant’s bedroom. The complainant is lying naked on the bed and is wearing headphones. The defendant holds his penis out in front of the complainant and says “ok” and the complainant then places the defendant’s penis in his mouth and commences performing oral intercourse (Count 63). While this is happening, the defendant reaches down and is seen to take hold of the complainant’s penis in his right hand and masturbates it (Count 64). The complainant stops the oral sex and the recording ends.

The twenty sixth recording was created or modified on 18 September 2022 and goes for 2 minutes. The conduct depicted occurred sometime in 2022, again in the defendant’s bedroom. The complainant is sitting naked on the bed and the defendant also appears to be naked. The defendant approaches the complainant and places his penis in front of the complainant and says to him, “there you go”, at which point the complainant places the defendant’s penis in his mouth and commences performing oral sex on him (Count 65). The complainant stops and pulls away, however the defendant says “come on” to him, and the complainant resumes performing the oral intercourse. As the complainant performs oral sex on the defendant, the defendant starts thrusting into the complainant’s mouth. The complainant stops and moves his head back and the recording ends.

The twenty seventh recording was created or modified on 7 November 2021 and goes for 1 minute and 6 seconds. The conduct depicted occurred sometime between 2018 and November 2021, again in the defendant’s bedroom. The complainant is again seen wearing headphones and is lying face down on the bed, with his pants removed. The defendant has his penis inside the complainant’s anus and is having intercourse with him (Count 66). The complainant is first heard to make a laughing sound but then one of pain and he says “ooh”. The defendant then withdraws his penis from the complainant’s anus and it is apparent that he has ejaculated inside the complainant. The recording ends.

The twenty eighth recording was created or modified on 24 July 2021 and goes for 2 minutes and 12 seconds. The conduct depicted occurred again sometime between 2018 and July 2021, this time in the bathroom at the defendant’s home. The complainant is naked and is in a sitting position performing oral sex on the defendant (Count 67). The defendant has his right hand on the back of the complainant’s head while does this. The defendant is seen wearing a dark coloured leather jacket. The complainant slows down his sucking motion at which point the defendant commences thrusting his penis into the complainant’s mouth. The complainant pulls his head back and asks “how many” and as the defendant starts to reply, the recording ends.

The final video was the one located by police on the defendant’s mobile phone before it was analysed by forensic services. He was not initially charged with the crimes depicted in this footage. The recording was created or modified on 4 July 2022 and goes for 13 minutes and 48 seconds. The conduct depicted occurred sometime between 2019 2021 in the defendant’s bedroom. The complainant is seen lying naked on his back the bed. The defendant approaches and places his penis in front of the complainant and says to him “come on” and the complainant responds by placing the defendant’s penis in his mouth and performing oral sex on him (Count 68). The defendant then stops the complainant and tells him “Alright, shuffle down a little bit, move that way a little bit, move that way a little bit, your whole body that way, that’s better, lie down, open your mouth”. The camera then pans to the defendant’s face and the ceiling of the bedroom and the sounds of sucking can be heard. The camera then pans back to the defendant, showing him now performing oral sex on the complainant (Count 69). The defendant is then seen to take hold of the complainant’s penis and commence masturbating him, while the complainant is again performing oral sex on the defendant (counts 70 & 71). The camera then pans to the wall of the bedroom and when it returns the defendant instructs the complainant to “put your legs up and hold them”. The recording then returns to the complainant, who can be seen lying on his back with his legs up and holding them up by interlocking his hands around his knees, exposing his anus. The defendant then uses his right hand to spread the complainant’s anus open. The screen goes black, returning to show the defendant applying lubricant to the complainant’s anus (Count 72). The defendant then inserts his right index finger into the complainant’s anus and then adds his middle finger as well, twisting around inside the complainant’s anus (Count 73). The defendant then removes his fingers and applies lubricant to his penis and approaches the complainant who starts whimpering. The defendant says “sorry” and then inserts his penis into the complainant’s anus (Count 74). The complainant is heard to be in obvious pain and the defendant says “it’s ok”. The defendant then commences thrusting vigorously into the complainant’s anus, who calls out in pain. The defendant responds by saying “it’s ok, look at me, yeah,” and “push your legs back, like that, hold it there ok, like that,” and “good boy, it’s ok, oh yeah”. At this point the complainant’s face is shown on the recording, and it is clear he is in pain. The defendant then tells the complainant to “push your legs back, like that…hold it there ok…like that, good boy it’s ok, oh yeah”. The complainant’s face is shown again, and he is clearly still in pain, and is heard saying “ow” several times to which the defendant replies “too much”. The defendant then stops and rolls complainant over onto his side before recommencing anal sex and saying “yeah, oh god”. The vision on the recording then goes black and when it returns, the defendant is no longer having anal sex with the complainant, who is now in a face down position with his anus raised in the air. The vision again goes black, however audio of the complainant making sounds of being in pain can be heard, along with the defendant panting. The vision then returns and shows the defendant again having anal sex with the complainant. The defendant is heard saying to the complainant “Down, down, not all the way get down, bring your knees up, bring your knees forward, now that way, that way and out, can you bring your knees up to there, that way, come that’s”. The recording screen again goes black although the complainant can still be heard making sounds of pain. When vision returns, it shows the defendant continuing to have anal sex with the complainant. The defendant then says “oh god” as he continues to thrust into the complainant and, then instructs the complainant, saying “on your back again, almost done, legs up”, and the recording ends.

Investigators attempted to place the defendant’s 29 recorded videos into a chronological order, however this proved difficult as the complainant’s physical size and body type did not vary greatly in the footage. Clothing sizes also remained relatively constant. In a couple of recordings there were no reliable indicators of the complainant’s age observable. Based upon observations of the complainant’s pubescent development they are grouped as follows:

Pre-pubescent: Recordings 1-6 inclusive, 12, 24, 27 & 28;
Early stage of puberty: Recordings 19, 23, 25 & 29;
Advanced stage of puberty: Recordings 7-11 inclusive, 13, 14, 15, 17, 21 & 26; and
Unable to determine: Recordings 16 & 22.

By recording the sexual crimes he committed upon the complainant at Kingston and in the north of the State, the defendant involved the complainant in the production of child exploitation material (Counts 75 & 76). He also distributed these recordings on various dates by sending them to C (Count 77).

Additionally, when searched on 27 July 2023, the defendant was in possession of a further 38 videos depicting the sexual abuse of a child (Count 78). Twenty-nine of those are the ones just described in these facts, however a further nine videos were located that each contained child exploitation material. They are described as follows:

The first recording was created or modified on 31 December 2022 and goes for 1 minute and 21 seconds. As mentioned earlier in these facts, the footage shows a person identified to be C rubbing and touching the penis of the young boy earlier referred to, who was aged approximately 7-8 years.

The second recording was created or modified on 6 November 2020 and goes for 35 seconds. It depicts a teenager performing oral sex on an adult male.

The third recording was created or modified on 23 May 2021 and goes for 35 seconds. It shows a young teenage male, lying naked on a bed. The teenager is masturbating himself until he ejaculates and the recording ends.

The fourth recording was created or modified on an unknown date and goes for 3 seconds. It depicts a prepubescent male standing in front of a camera, without any pants on, displaying his penis.

The fifth recording was created or modified on 25 October 2022 and goes for 44 seconds. It is an animated video of an adult male laying on a couch with a child laying on top of him. The adult is having anal sex with the child.

The sixth recording was created or modified on 12 January 2023 and goes for 11 minutes and 36 seconds. It shows a young male child with two male adults. The child is performing oral sex on one of the adult males during which he stops several times to undress until he is naked. Another male then comes over and starts masturbating in front of the child and the child then commences orals sex on the second male. The child then takes hold of the penises of the two adult males and alternates performing oral sex on them. The second adult male then moves to the back of the child and has anal sex with the child, whilst the child continues to perform oral sex on the first male. The second male then stops having anal sex and the first male masturbates while the child sucks on his testicles, until the male ejaculates onto the child.

The seventh recording was also created or modified on 12 January 2023 and goes for 32 seconds. In this footage an adult male is sitting on a bed, with no pants on and an erect penis. The male leans back and brings a prepubescent male child onto him. The child sucks on the adult’s testicles and then licks the adult’s penis until the recording stops.

The eighth recording was also created or modified on 12 January 2023 and goes for 43 seconds. In this clip there is an adult male lying on a bed, with a prepubescent male child laying on top of him. The adult male is seen to be having anal sex with the child.

The last recording was created or modified on an unknown date and goes for 25 seconds. It shows a prepubescent male child in a dressing gown, dancing. The child then opens the dressing gown to show himself naked, exposing his penis. The child then shakes himself around and the recording ends.

In addition to the 38 videos containing child exploitation material, three videos containing bestiality product, were located by police. They are described as follows:

The first recording was created or modified on 9 August 2020 and goes for 40 seconds. It depicts a male performing oral sex on a dog.

The second recording was created or modified on an unknown date and goes for 4 minutes and 20 seconds. It depicts a male performing anal sex on a dog.

The third recording was created or modified on 28 January 2023 and goes for 15 seconds. It shows a male having his penis licked by two dogs.

Following the forensic analysis of his phone and the recordings being located, on 21 September 2023, the defendant was interviewed by police for a third time. During this interview, the defendant made the following comments:

He admitted that he was the male perpetrator in the videos and that the complainant had not been a willing participant for the videos.
He had produced all of the videos using his mobile phone between 2018 and 2023 at various times at Kingston at his residence and one of them at the residence of C.
The complainant was the child depicted in the videos [with him].
The complainant’s age varied in the videos from 10 years of age up to the age of 14 years in all of the videos.
He admitted that he had engaged in acts of sexual abuse against the complainant on numerous occasions at various locations over the past several years.
The videos had been recorded mostly in his bedroom, as well as a spare bedroom in his house that the complainant would sleep in when he stayed over, and also in the bathroom of his house;
He admitted that he would take the complainant to C’s house, saying he did so to get away from his family. He admitted that when travelling between C’s house and his house in Kingston, he would regularly stop at the public toilets in Campbell Town for the purpose of having sex with the complainant;
He explained that he first made a video of him having sex with the complainant because he was requested to do so by C. On that occasion, the complainant was in the shower and the defendant went in to him, pulled his own trousers down and had the complainant perform oral sex on him, whilst he recorded it. He then sent that video to C.
He stated that after he sent this first video, C asked for more videos, and he admitted that he had sent all of the videos he had made with the complainant to C.
In a number of the videos, the complainant is seen to be wearing headphones. The defendant stated that he had done this because the complainant was autistic and putting the headphones onto him easily distracted him and it kept him calm, which made it easier to commit the acts of anal and digital penetration. He commented that without the headphones the complainant would be in pain or appear uncomfortable.
He admitted that he was a carrier of HIV and had not used a condom when having sex with the complainant for the majority of the times. This was confirmed through the depiction of only one video where the defendant can be seen wearing a condom. He further admitted that he never told the complainant about his HIV status.

Following the interview the defendant was returned to custody.

Throughout the investigation process, the defendant did not display any remorse for the acts he inflicted upon his nephew. The defendant appeared to be more concerned for his own wellbeing as a consequence of the discovery of his crimes.

The complainant has since been medically tested and was negative for HIV and other sexually transmitted diseases. He has, however, as might be expected, suffered psychological harm. His biggest fear is that the videos will turn up at some time in the future and he will be recognised. He has a diagnosis of PTSD, however, the full extent of the harm done to him may not emerge for some considerable time.

I have had a report on the harm to the complainant and his background, prepared by clinical psychologist, Janelle Nichols, and provided to me by the State. Frankly, it is horrifying. It informs me, amongst other things, that the complainant was vulnerable because:

When the abuse began, he was both physically isolated and emotionally isolated from his father.
He was rejected and felt unloved by his maternal grandparents, who exacerbated these feelings by openly treating his sister favourably.
His sister had been indoctrinated to align with the grandparents.
His mother was emotionally unavailable.
He was essentially alone.
He lived in poverty and felt unimportant.
He was not accustomed to receiving gifts from anyone – only his uncle.
He was not cognisant of grooming and had no idea what his uncle’s intentions were when buying games or treating him nicely.
He had no other way to access the games any regular boy his age plays, without entering his uncle’s room.
He has said “I did not know what sex was”. He could not anticipate what was about to happen, or that it would continue.
He had poor language abilities and would be unable to describe what had happened.
He has a compliant agreeable nature and avoids conflict, which makes him more susceptible to being taken advantage of and following orders.
He internalises his stress which manifests in physical symptoms of shaking and enuresis. Internalising stress is more common among hearing impaired populations, as they struggle to communicate and express their feelings with words.
He felt that people didn’t understand him and that he was worthless.
He was ostracized by his peers for his unusual “deaf” speech in addition to his wetting behaviour. He had few friends as he was bullied at school which meant he was unlikely to confide in someone.
He does not have access to his paternal family in New Zealand and does not know them well. His paternal grandmother has cancer and is dying. He would like to move there but he has no control as court requires him to stay in Australia. Lack of control and powerlessness perpetuates abuse symptoms.

In her, Ms Nichols, opinion:

He will never know the person he would be if this had not happened. This has been stolen from him. It is hard to comprehend how anyone can have regard to what has happened to them, when they don’t know and can never know who they would have been if this had not occurred.
He experiences suicide ideation. It has been acute at times.
Currently, he is taking things one step at a time.
When he talks about what has happened, he says he does not trust people.
He is tormented by flashbacks and visions he cannot escape. He knows that memories cannot be erased. He screws up his face and grabs his hair in fists when talking about his brain being overloaded. He cannot escape his mind.
It has taken time for him to fully realise that his uncle’s shopping and gifting behaviours were a part of the grooming process. He continues to make sense of this.
He has fears about what girls will think of him and that it might mean he doesn’t get married.
He has confided that he is worried about whether he will feel able to kiss a girl or have “normal” sexual relations, without negative feelings or intrusive thoughts.
She and he have talked about how childhood sexual abuse has affected other people. They have discussed how some people go on to have relatively normal lives and get married and have children, but that problems are common. They have also discussed increased risk factors for suicide and substance abuse. He says he will try not to do these things, referring to his Dad being able to help him.
He desperately wants to leave Tasmania. He states “I want to forget everything that has happened here”. Tasmania feels like hell to him. He wants a fresh start in a new place. He has stated “I want to get away from everything, every reminder”. He is angry that he has no control over where he lives because of court orders requiring him to stay in the State. He is angry that his grandparents and mother continue to have control over his life.
He would like to move to New Zealand with his father and hopes his sister travels there too. He would like to get to know his paternal family better, especially his paternal grandmother who has cancer. The current orders deny him the right to know his other family, and experience love and care that will aid his healing process.
He does not have headspace to even process the extent of the abuse as he is dealing with so many circumstances in life that control his freedom and happiness. He is primarily dealing with present situational factors and trying not to engage in fearful thoughts about how this will impact him into the future.

The defendant grew up in Tasmania and completed his matriculation at Hobart College. His background was one of emotional abuse and neglect.

He was interested in pornography from an early age. By the time he was 19, he was openly homosexual and was engaging in risky sexual conduct. He was diagnosed with HIV when aged 20.

He developed a Dependant Personality Disorder which impacted on his romantic relationships, including with the co accused C. The defendant gave C approximately $100,000, to his significant financial detriment, simply because he was asked for money.

The defendant had a number of distorted beliefs about love and sex, which when combined with his paedophilia and dependant personality disorder, was a devastating combination.

The defendant made ultimately made full and frank admissions to police across his interviews. Whilst the Crown submits that he did not display remorse, it is relevant that at the time of his interviews, the defendant was still firmly ensconced in both his disordered beliefs about the offending, and harbouring an intense willingness to protect and please C.

The defendant indicated a plea of guilty at an early stage. He had been represented by alternate counsel for a period of eight months but indicated that the matter was to resolve as soon as new counsel took carriage of his case, with communication being made of that to the Crown on the same day that counsel spoke to him for the first time.

As to rehabilitation, it is relevant that the defendant has been open, honest and frank with his reporting psychologist, Dr Wright, about his offending.

He has indicated willingness to engage in rehabilitative programs, although he remains a high risk of reoffending. That risk may lessen over time with his engagement in specific programs that should be available to him in custody.

I am told that he has instructed his counsel “I do not want to do this, I do not want to be sexually attracted to children, I will do whatever it takes to make sure it does not happen again.”

I note that the defendant was the victim of an attempted murder perpetrated against him by his cellmate. He disclosed his homosexuality and the nature of his offending to his cellmate, who ruminated on this information and determined that he would kill the defendant. He was strangled with a noose to the point of losing consciousness, stabbed in the leg with a sharpened toothbrush and his injuries were concerning in severity and suggestive of a near fatal event.

The defendant’ resultant experience of Post Traumatic Stress Disorder is likely to impact on his day-to-day life in custody, given that he will be serving his sentence in the same environment which led to its development.

There are no mitigating factors and many aggravating circumstances, including those under the Sentencing Act 1997 s 11A, including grooming and the infliction of pain and terror.

Because I propose to impose a single sentence across all crimes and offences to which the defendant has pleaded guilty, I am obliged to specify the sentences I would have imposed had I sentenced the defendant for them individually. Accordingly, I do so as follows:

Count 1 – three years

Count 2 – four years

Counts 4, 5 & 6 – three years on each

Count 7 – four years

Counts 8, 9, 10 & 11 – three years on each

Count 12 – four years

Counts 13 &14 – three years on each

Count 15 – four years

Counts 16 & 17 – three years on each

Count 18 – four years

Counts 19 and 20 – one-and one-half years on each

Count 21 – three years

Count 22 – one-and one-half years

Counts 23, 24 and 25 – three years on each

Count 26 – one-and one-half years

Count 27 – three years

Counts 28 & 29 – four years on each

Count 30 – two years

Counts 31, 32, 33 & 34 – four years on each

Count 35 – three years

Count 36 – one-and one-half years

Count 37 – three years

Count 38 – two years

Counts 39, 40 & 41 – four years on each

Count 42 – three years

Count 43 – two years

Count 44 – four years

Count 45 – three years

Count 46 – one-and one-half years

Count 47- three years

Count 48 – four years

Count 49 – three years

Count 50 – one-and one-half years

Counts 51 & 52 – two years on each

Count 53 – three years

Count 54 – two-and one-half years

Count 55 – four years

Count 56 – two years

Count 57 – three years

Count 58 – two years

Count 59 – three years

Counts 60 & 61 – four years on each

Count 62 – two-and one-half years

Count 63 – three years

Count 64 – two years

Count 65 – three years

Count 66 – four years

Counts 67, 68 & 69 – three years on each

Count 70 – two years

Count 71 – three years

Count 72 – two years

Count 73 – three years

Count 74 – four years

Count 75 – five years

Count 76 – five years concurrent with the other terms

Counts 77 & 78 are not classified as child sexual offences.

The relevant total is 223 ½ years imprisonment.

That aggregate sentence is to be moderated to take account of the principles of proportionality and totality. As to totality, I must reflect on the aggregate sentence to ensure that it is proportionate to the defendant’s overall criminality, and that he is not subjected to a crushing sentence. The application of these principles must be balanced against the gravity of the overall offending.

In addition, as Wood J said in DPP v Harrington [2017] TASCCA 4 at [27] “the result of aggregating sentences has a compounding effect on the severity of the total sentence. The severity of a gaol sentence is not simply proportionate to its length”. As Malcolm CJ said in Clinch v The Queen [1994] WASC 57M 72 A Crim R 301 at 306: “… the severity of a term of imprisonment increases exponentially as it increases in length … Thus, a sentence of five years is more than five times as severe as a sentence of one year.”

In addition, counts 77 and 78 and the summary offending must be brought to account.

As to the Community Protection (Offender Reporting) Act 2005 the defendant’s name is to be placed on the register for the rest of his life.

I have set out the facts as stated to me by the Crown virtually in their entirety. I have done so because those facts must be indelibly apparent, in their horrifying omnitude, on the Court’s sentencing database, so that they can be recognised in future years as marking, what in my experience, is the worst case of child sexual abuse this Court has seen to date.

MJR – you are convicted of each of the 81 crimes and offences to which you have pleaded guilty, and you are sentenced to 40 years imprisonment backdated to 27 July 2023, and it is ordered that you are not to be eligible for parole until you have served 20 years of that sentence.

I have been asked to make orders regarding the forfeiture to the State of the child exploitation/bestiality material and accordingly I make orders pursuant to s 130F of the Criminal Code in respect of the criminal charges comprising counts 75-78, and orders pursuant to s 77 of the Classification (Publications, Films and Computer Games) Enforcement Act 1995, in respect of the summary offences on complaint 7068/2023, charges 25, 26 and 27, and complaint 109493/2023, charge 69.