STATE OF TASMANIA v RJC 16 SEPTEMBER 2025
COMMENTS ON PASSING SENTENCE SHANAHAN CJ
RJC you are currently aged 65, having been born on 23 July 1960. You were friendly with the family of the female complainant, who was born on 16 June 2003. She is currently aged 22 years. You are 43 years older than the complainant.
You have pleaded guilty to four counts on the indictment being: (i) persistent abuse of a young person contrary to s 125A of the Criminal Code; (ii) producing child exploitation material contrary to s 130A of the Criminal Code; (iii) involving a person under the age of 18 years in the production of child exploitation material contrary to s 130 of the Criminal Code; and (iv) possession of child exploitation material contrary to s 130C of the Criminal Code.
At the material time you lived close to the complainant’s family on a road in Campania. You resided nearby in an out-building on a property where your ex-partner and children resided. The complainant lived with her parents and sister.
At that time you were known to the complainant, indeed you had had been known to the complainant since she was a young child.
At or about the time the complainant was 14 years old your relationship with the complainant’s family became a close one, and you spent time at the complainant’s family home and assisted with the family’s animals.
The complainant was interested in working with animals, and at that time you ran an animal nursery on the show circuit and at schools. The complainant became involved in assisting you; which included spending time with you at the Royal Hobart Show Grounds and going on trips together.
The complainant’s family trusted you and were supportive of this arrangement.
You would drive the complainant to and from her family home. On occasion you and the complainant stayed together at the Show Grounds. On those occasions the complainant’s mother understood that your children were also present.
You took the complainant on other trips including to go shopping and to collect animal related products. You saw the complainant regularly, sometimes daily.
Text messages between you and the complainant reveal that in the period leading up to September 2019 that you spoke together and saw each other relatively frequently. At this time you often discussed the complainant’s well-being. The complainant had body image issues which manifested in an eating disorder and was medicated for anxiety. You would contact the complainant to encourage her to take her medication and to eat.
In July of 2019, when the complainant had just turned 16, you started to talk to her about concepts of a sexual nature. Text messages between you and the complainant show that after these conversations, you would send text messages thanking the complainant for chats and for opening up to you. At this time you suggested that one of the chats might have been embarrassing.
These messages continued through until September of 2019, also referencing talks that you had enjoyed.
In September of 2019, you started to touch the complainant in a sexual way.
At first, the sexual contact involved only touching the complainant’s legs, but it escalated to touching her breasts and genitalia. After a time, you and the complainant engaged in penile-vaginal intercourse.
Once sexual contact had started, it became frequent and occurred on nearly every occasion that you and the complainant saw one another, and that you were alone.
Some acts would occur in your car or truck. This would mean that you and the complainant would be late returning home, and you would make excuses to the complainant’s family about why you and the complainant were late.
You spoke to the complainant constantly about sexual topics. The complainant felt there was always something sexual you wanted to talk about, and that you seemed not to talk about normal things. You spoke about the complainant’s body and told her that you would love seeing her naked, or that you loved the things you did together.
On other occasions when you were alone together, for instance, in the car, you would talk to the complainant about what you wanted to do to her or what you and she had done together in the past. You would show her naked photos of herself that you had taken. You would say that you were in love with the complainant, and tell her not to tell anyone else what you and she were doing together.
You took a pair of the complainant’s underwear and told her that you would rub the underwear against your penis to masturbate with. You and the complainant would send messages, speaking about sexual topics. Often these would involve you telling her that you were aroused or masturbating.
You frequently told the complainant to delete messages of a sexual nature. An example of such an exchange occurred on 7 March 2020, when the complainant was aged 16, and I have been provided with the text of that lengthy exchange which I have read.
Sexual acts between you and the complainant would occur at the Royal Hobart Show Ground, when you and complainant travelled to work with animals, and where occasionally, you slept in a makeshift living quarters known as ‘the humpy’.
There would also be sexual contact in your vehicle which, on occasion, you would occasionally park on rural backroads. Sexual acts also occurred at your property when other persons weren’t present.
The sexual acts included penile-vaginal sexual intercourse, penetration of the complainant’s mouth by your penis, and you performing oral sex upon the complainant’s external genitalia. On occasion, you would ask the complainant to sit on your face and would move the complainant to do so in order to perform oral sex upon the complainant in that way. Penile-vaginal sexual intercourse sometimes occurred using a condom and sometimes without.
You spoke to the complainant about your low sperm count. On occasion, you arranged for the complainant to take the morning after pill. You also took photographs of the complainant. At your room at the showgrounds, you had a collection of bras. You asked the complainant to put them on and you took photos of her wearing them. You also asked her to stand naked in the room and took photos of her with her breasts or genitalia exposed. Photographs matching this description were located on your phone. They were taken when the complainant was 16 and 17 years of age.
The complainant described her attitude to your conduct in this regard, she said that you talked her into it and made her feel guilty if she did not wish to engage in sexual acts by telling her that your mental health was poor and that you were suicidal. The conduct continued past the complainant’s 17th birthday. You took two further photographs of the complainant, after her 17th birthday, and the complainant ended her engagement with you when she was aged nearly 18.
In respect of the persistent sexual abuse charge, count 1, the first occasion is an allegation of indecent assault. It relates to an occasion shortly prior to September of 2019, after you had started to talk to the complainant about sexual topics, you and the complainant were driving home together. You again commenced a discussion which involved sexual topics. On this occasion the complainant was not feeling very well. You drove your car down a private road. You started to rub her legs. After you rubbed her legs, you asked her questions about whether she had masturbated before and whether she had had sex with anyone. You seemed curious about her level of knowledge of sexual matters. You asked the complainant whether she would ever consider doing anything with you, and she shrugged it off, believing you were joking.
The second occasion is also alleged to be an occasion of indecent assault. On 22 September 2019 you and the complainant were in the shearing shed at a property belonging to a friend of yours. You approached the complainant from behind and put your hands under her top, touching her to the breast. The complainant dropped to the ground, scared by what you had done. You apologised to the complainant and told her that you felt like you had done something wrong, and you became upset. That evening you and the complainant exchanged text messages which referred to masturbation, which I have read.
The complainant referred to this incident again in a text message the following day, telling the accused: “Not going to lie, I was kind of scared last night“. With an emoji showing uncertainty.
The third occasion supporting count 1 was the first time upon which penetrative contact occurred. It occurred on 5 October 2019. The complainant was, again, driving home with you in your truck. She was half lying down in the front passenger seat and you were driving. She was wearing shorts. You were close to the complainant’s house, driving up a hill, and later you would talk to the complainant often about driving up that hill and remind her of what had happened.
You were rubbing the complainant’s legs. You put your hands into her shorts. You had previously asked the complainant about whether she knew where her clitoris was. The complainant described that she felt like you were trying to help her learn about things, but in the wrong way. You touched the complainant’s clitoris and used your fingers to touch her to the genitalia. You then used two fingers to penetrate her vagina. You continued and then eventually moved your hand away when they were closer to the complainant’s house.
The complainant described that she was freaked out by what had happened, and she did not like it at all and was confused. You and the complainant referenced this incident in text messages on 6 October 2019, that was the following day. I have read those messages.
After that exchange you and the complainant continued to text. The complainant changed the subject to talk about animals for a while. You complained to the complainant that you were not able to masturbate because your son was awake, watching a movie. You then sent a thumbs up emoji, signalling to the complainant that you had masturbated, shortly after 12am on 7 October 2019.
The fourth occasion relevant to count 1 occurred after the commencement of your sexual relationship with the complainant. When the complainant was still 16, you and she had penile-vaginal sexual intercourse at the humpy at the showgrounds. During intercourse, you attempted to penetrate the complainant’s anus with your penis. You did not use any lubrication, and the complainant said it was not very pleasant and that she screamed in response. You either did not achieve penetration or only penetrated her anus to a small degree before desisting.
Occasions 5, 6, 7 and 8 in respect of count 1, were occasions at the Royal Hobart Showgrounds. On a number of occasions, you took photographs of the complainant in underwear, or posing naked, when you were spending time together at the humpy at the Royal Hobart Showgrounds.
The photographs of those occasions were located upon your phone. When you took the photographs, you would tell the complainant to take her clothes off. She felt shy about it and insecure about her body, but agreed. You would tell her to put her hands by her sides. You made comments about the complainant’s body, saying that she looked good. You told her that you would later masturbate while looking at the images. After you had taken the photographs, you saved them to your mobile phone. On occasions after they had been taken, you spoke to the complainant about the photographs and showed them to her.
On each occasion at the showgrounds upon which pictures were taken, you and the complainant engaged in penile-vaginal sexual intercourse.
Turning to each of the fifth to eighth occasions in turn.
Occasion 5 occurred on 22 November 2019, when the complainant sent text messages to you asking whether you were attending the showgrounds that day and asking, if you were not, whether she could go to your house after school. Ultimately, you and the complainant attended the showgrounds together. After arriving at the showgrounds, you took seven photographs of the complainant.
The photos from that day show the complainant in a blue bra from both the front and the back, taken at 6.24pm, and then with her breasts exposed wearing blue jeans and black underwear, which were taken between 7.22pm and 7.23pm. You and the complainant engaged in penile-vaginal sexual intercourse on this occasion.
Occasion 6 occurred on 1 December 2019 when you and the complainant spent time together at the showgrounds. On this occasion, between 5.23pm and 5.40pm, you took seven photographs of the complainant wearing a black bra and underwear, showing her from both the front and the back. You and the complainant engaged in penile-vaginal sexual intercourse.
Occasion 7 occurred on 7 December 2019, when you and the complainant spent time together at the showgrounds. On this occasion, you took two photographs of the complainant at the humpy, one wearing a navy blue bra and black underwear, and one with her breasts exposed at 2.45pm. You and the complainant engaged in penile vaginal sexual intercourse.
Occasion 8 occurred on 6 February 2020 when the complainant arranged for you to pick her up from school. At this time, the complainant was attending part-time college at Sorell and part-time college at Rosny. On this occasion, she arranged for you to pick her up from Sorell at 3pm. Shortly after 7pm that evening, at the humpy at the showgrounds, you took four images of the complainant’s genitalia.
The complainant recalled that you had asked her to hold her labia so that you were able to take a photo. One of the photos showed fingers visible in the photograph. Three additional photos show a close view of an exposed vagina. You and the complainant engaged in penile-vaginal sexual intercourse on this occasion.
Turning to count 2, the production of child exploitation material involving a person under the age of 18 in the production of child exploitation material.
On 28 June 2020, when the complainant was aged 17, you and the complainant were present at the showgrounds. On this occasion you took photographs of the complainant at the humpy wearing an orange or yellow coloured bra, posing from the front and while sitting down.
In relation to the investigation and disclosure of this matter, the complainant first told a friend about the relationship with you in 2021 after her friend had seen you in the complainant’s bedroom and heard you say, “You look so sexy.” The complainant then disclosed that you had done stuff to her at that time and then disclosed further details in the following month. The complainant had a discussion with you that she recorded on 6 September 2023. In it you discuss the complainant’s little sister, and whether you would have sexual contact with her. I have read an extract from that recording.
It is put that this conversation caused the complainant to become concerned that you would attempt to have a sexual relationship with her little sister. On 7 September 2023, the complainant attended the Hobart Police Station with a friend. She spoke with Detective Sergeant Nathan Hartnett at Hobart Police Station and briefly outlined the allegations to him. The complainant was referred to detectives at the Tasmania Police Sexual Crimes Unit, and attended on 30 October 2023 to make a video statement.
Police executed a search warrant at your property on 13 November 2023. You were captured on body-worn camera footage at the execution of the search warrant. You reacted with what appears to be disbelief when the allegations were described. You stated that the complainant was like a goddaughter to you and that you had taken her under your wing. Police seized a phone belonging to you; you gave your passcode to access the phone.
Police then accessed your phone during the search and identified photos of the complainant naked and wearing underwear. In total, there were 31 photographs amounting to child exploitation material located on your phone. The 31 photographs included those taken by you depicting the complainant posing in underwear, photographs taken by you depicting the complainant’s breasts and genitalia, and screenshots taken by you of photographs depicting the complainant’s breasts.
Police also located four additional photographs which were internet screenshots taken in 2015, which were classified as child exploitation material. These depicted a female youth with her breasts exposed, a different female youth with underdeveloped breasts exposed, and a transgender youth posing on a bed with their penis exposed.
You were arrested and participated in a video-recorded interview. You admitted generally to having had sexual contact with the complainant when she was aged 16, amounting to fondling, which the complainant had requested by asking for private time. You agreed that you had masturbated in front of the complainant, to ejaculation. You agreed that you had digitally penetrated the complainant on occasion, but denied there were any occasions of vaginal-penile penetration, or oral intercourse. Those denials are not accepted by the State, nor are they accepted by this Court. That is also so in respect of any suggestion that it was the complainant rather than you that instigated sexual contact.
You told Police that you and the complainant clicked. You said you believed that she is on some sort of spectrum, and she was on medication. You said that you struck up a friendship with the complainant. Apparently you both had pet rabbits, and you would help the complainant with hers. You said that the complainant had a tumultuous relationship with her father and did not have a proper father figure. You found out she would self-harm, and was having body image issues. You considered the complainant naïve about life.
You told Police that you and the complainant would talk openly, and you would tell her to ask you anything. The complainant asked you questions about puberty. One thing led to another, and you said she wanted to know about sex. You told her everything you knew, and she wanted you to show her. You told the complainant you could not have sex with her because of her age.
There were some instances when she would let you fondle her. You fondled parts of her, including her breasts and her vagina. The complainant was asking your opinion because her body image was poor. She was asking if she was normal. She wanted to know what a man masturbating looked like, and on one occasion you showed her when you and she had finished for the day at the showgrounds and other people had gone.
You said that the complainant used to call it “private time” and she would ask, “Could we have some private time?” You and she were fondling a bit and that was it. She had got a new bra, and she tried that on. You asked her if you could take photos, and she said yes. The bra was black, she had left the tag on it. You took photos of her breasts both bare and in the bra, and her genital area.
On occasions when your partner was not at the house, you said that the complainant would come to the house and spend time with you. On one occasion there was private time at the house. You and she were laying on the bed in the bedroom of the old house. There was just touching. On the day at your house, you masturbated and she rubbed herself. She did not know how to have an orgasm, and she was trying to. You touched her to the back, breast, tummy and legs. You said that the complainant wanted to do more that day. She put herself in a position for you to penetrate her and you asked what she was doing. The complainant was completely naked. You were also completely naked. You said that you did not have sex with the complainant that day. The complainant was begging you to, but you could not because of her age as this was a month before her 17th birthday. The State does not accept that there was no penetration on this particular day. For the purposes of sentencing I do not accept that denial.
You said you masturbated in front of the complainant once on the side of the road. That occurred when you pulled off to the side of the road and she wanted to watch how it was done. This was repeated a couple of times, and you ejaculated on these occasions. On occasions when you masturbated in front of the complainant at the showgrounds, you ejaculated. When there was fondling, physically you felt good but mentally you did not feel good. You never had private time in the complainant’s house, although you might have grabbed her breast in the shed once. You agreed that you had rubbed her legs in the car because the complainant used to get cramps in her legs.
You agreed that, on occasion, you had penetrated the entrance of the complainant’s vagina with your fingers. This happened on more than one occasion. You did not keep count of how many occasions. Your fingers went in a little way. You agreed that there had been an occasion when you rubbed her vagina with your fingers when you were driving in the truck up a hill. On that occasion, you said you only rubbed the outside but did not penetrate her vagina. I find for the purposes of sentencing that the degree of penetration was not limited in the manner you described.
You denied having penile-vaginal sexual intercourse, with the complainant at any time. For the purposes of sentencing I do not accept that denial. You said that you and the complainant talked about having sex and you told the complainant that you would not take her virginity because it should be special. You said that she suggested anal intercourse one time when you told her that you could not take her virginity. You said you did not agree to it. For the purposes of sentencing I do not accept that denial.
You said that the complainant asked you what oral sex was like, and you told her, and also told what men like. You denied moving the complainant’s vagina to your face to perform oral sex. You denied performing oral sex at all with the complainant. For the purposes of sentencing I do not accept these denials.
You said that there may have been some text messages that you would not want anyone to see. You agreed that you had probably sent messages that were sexually inappropriate. You agreed that you told the complainant to delete things, and she did the same. You said that they were flirting messages. You said that you did not see what they had as a romantic relationship. You said that you saw your relationship with the complainant as father-daughter or grandfather-granddaughter.
You said you did not think the complainant saw it as a relationship. The complainant had boyfriends when you and she were having private time, and you did not feel any jealousy about that. You denied possessing child exploitation material on your phone or ever searching for anything illegal. You denied that you had harassed the complainant or spoken about sexual things when she did not want to. You denied using your mental health to manipulate the complainant into having sex. You referenced suicidal ideation a number of times during the interview. At the conclusion of the police interview, you were taken into protective custody and then to the Royal Hobart Hospital for mental health assessment. Firearms were removed from your property.
You had spent no time in custody in relation to this matter prior to the sentencing hearing on 14 August 2025, when you were remanded in custody.
You have no relevant prior convictions, those that you do have relate to traffic matters.
These are offences to which s 6 of the Community Protection Offender Reporting Act 2005 (“CPOR Act”) applies. The Court is to make an order directing that the Registrar cause the name of an offender being sentenced for a reportable offence to be placed on the Community Offender Protection Register unless the Court is “satisfied that the person does not pose a risk of committing a reportable offence in the future”.
I have a report from Mr Jeffrey Cummins a clinical psychologist dated 4 July 2025 prepared for your legal representatives. In that report he assesses the “overall risk for committing a further sexual offence” as “Low-Moderate and trending towards Low.” Mr Cummins at page 9 paragraph 56 recommends that you “participate in talking based offence specific treatment” in order to develop insight into your offending”. Mr Cummins indicated that, at interview, you spoke in a manner indicating that you were motivated to engage in offence specific treatment.
I also note your conversation with the complainant regarding her younger sister, and the complainant’s fears in that regard.
In that context I cannot be satisfied that you “do not pose a risk of committing a reportable offence in the future.” Consequently, I am obliged to, and do, make an order that your name be placed on the Community Offender Protection Register under s 6 of the CPOR Act and that you comply with the reporting obligations imposed thereunder.
You are to be sentenced for one Class 1, two Class 2 and one Class 3 reportable offences. The maximum period of reporting is for the remainder of your life. I make the order under s 6 of the CPOR Act for 20 years.
I also make an order for the forfeiture of your mobile telephone, which contains the child exploitation material pursuant to s 130F(2) of the Criminal Code.
The Court received the victim impact statement of the complainant.
The complainant states that after remaining silent for four years that she “was sexually abused, groomed and manipulated by” you, and that she saw you as a “father figure, who I trusted.”
She describes meeting you. She states I “was 14 turning 15 when I met R, and my family had known him for years prior”. She observes “My body is scared by you. I was simply so young, I didn’t understand what abuse really was. I didn’t know what was right from wrong. You took my innocence away from me. You manipulated me into thinking it was all normal behaviour, until I couldn’t bear it anymore. I feel your touch every day and have constant flashbacks of the abuse and what occurred.”
The complainant describes how she has been affected, “R, you have touched every part of my body and I’ll be forever disgusted by your name. Mentally, you have affected me and caused a lot of grief. Some days I can’t even bear the thought of my own boyfriend simply touching my arm or my leg. I push people away because of you: family, friends, and, above all, myself. I held back tears almost every day, not knowing how to escape you. Not being able to tell anyone was excruciatingly hard for me and, above all, scary, terrified people would judge me. I will never forget laying in your bedroom, naked, facing the wall, feeling so alone. You even had the audacity to tell your children a lie, stating I was having anxiety or panic attacks after sexually abusing me for hours. But I stayed strong and asked if they were okay, knowing I wasn’t. I hate my body because of you. I can’t bear the thought of anyone seeing me without clothes on, even showering is hard for me. I feel so vulnerable and dirty. Your actions keep me up at night and I will never forget the disgusting words you said to me. During the abuse I developed an eating disorder.”
She further states that, “I developed body dysmorphia, causing me to stop eating, which made me become quite unhealthy. I started self-harming because I didn’t know how to deal with the abuse, overwhelmed with emotions. Thoughts of ending my own life occur to me many times. I lost a lot because of you: my self-respect, happiness, not being able to remember much of my childhood, and being able to have trust in people. To other people you would call me your granddaughter. I would cringe to myself each time, thinking, “If only you knew.”
She also states, “I did have days where going to school and work was difficult for me. I would miss weeks at a time, not having the emotional strength to hide it from others. You put me in a lot of inappropriate situations, knowing full well you were doing the wrong thing, making me feel so hopeless. When I think back to the time when you assaulted me, I remember all the emotion I felt: the fear, the embarrassment and humiliation. You forever changed me. I remember you telling me to push my lower half into you while I sat behind you on a motorbike, just trying to be a kid, not knowing what would happen next. I still feel your hands on me, and I hope you never understand what that feels like.”
Your offending is of high objective seriousness. It involved a significant breach of the complainant’s trust at a time when she was vulnerable and in your care. Your offending also involved a breach of the complainant’s parents’ trust. This is an aggravating factor under s 11A(1)(a) of the Sentencing Act 1997. It is conduct that requires both general and specific deterrence.
It is also put by the State that you were in a position of authority in relation to the complainant because of the work experience arrangements that she had accepted with you. In that regard s 11A(1)(da) of the Sentencing Act is applicable, and that is also a circumstance of aggravation.
It is, therefore, to be kept in mind in sentencing you for these offences that your previous good character placed you in a position of trust both in respect of the complainant and her family.
I accept the State’s submission that s 11A(2)(b) of the Sentencing Act applies. That provision provides that, “The Court is not to take into account the offender’s good character or lack of previous convictions if the Court is satisfied that the offender’s alleged good character or lack of previous convictions was of assistance to the offender in the commission of the sexual offence”. In this instance, I am satisfied that your previous good character and lack of prior convictions did place you in a position of trust both in respect of the complainant and her family and was therefore of assistance to you in the commission of the offences for which you are being sentenced today. I am therefore precluded from considering your previous good character or lack of previous convictions when determining an appropriate sentence.
I have already referred to the significant age disparity between you and the complainant, and the complainant’s relative youth. This is clearly another aggravating circumstance in your offending. The imbalance in your knowledge of the world and your power within your engagement with the complainant was obvious and you took advantage of the complainant’s age and naivety for your own sexual gratification. There was clearly a period of careful grooming as you sought to secure the complainant’s trust and that of her family.
It also enabled you to seek to persuade the complainant that what you asked of her was normal. You also sought to cover your tracks by asking the complainant to delete your sexualised communications.
For the purposes of sentencing I accept that the sexual acts you engaged in with the complainant were serious in nature, including penetrative activity that carried a risk of pregnancy and sexually transmitted disease. Your conduct exploited your relationship with the complainant and with the complainant’s family. It was consistent and prolonged.
You acknowledged both in your record of interview, and in your interview with Mr Cummins, that you knew the complainant had particular vulnerabilities, and there is no doubt that you took advantage of those vulnerabilities in the manner in which you engaged with her. You bear an increased moral culpability in that regard and this is clearly reflected in the complainant’s victim impact statement.
No issue is taken with the State’s statement of the facts and it was confirmed by senior counsel at the sentencing hearing that this is the factual basis upon which you are to be sentenced.
Having accepted the application of s 11A(2)(b) of the Sentencing Act, the character evidence provided on your behalf has little utility. Senior counsel, correctly, took no issue with the applicability of that provision in this case.
I accept your plea has utilitarian value and I have factored that into your sentence.
I accept the submission from your senior counsel that you have begun to develop some insight into your offending and are remorseful.
It was rightfully conceded that your offending conduct might be characterised as “appalling”, and that you should expect a lengthy term of imprisonment. Your sexual abuse of the complainant was persistent, demeaning and humiliating. It was said that you became infatuated with the complainant; the extent and length of your grooming behaviour of the complainant prior to the commencement of sexual contact belies a spontaneous infatuation. You had a lot of time to reconsider the propriety of your conduct during the course of the grooming process, but you failed to develop the insight necessary to take advantage of that opportunity.
I am told that from 1978 you spent 41 years at the Royal Hobart Show running the animal sanctuary on a voluntary basis, dealing with over 3000 children during that period, and other than this offending there are no relevant prior convictions. Further, that you have had a role in your local community and that you have in your life, despite physical and mental health difficulties, served your community. In respect of those submissions I note the terms and effect of s 11A(2)(b) of the Sentencing Act.
I am told you have major depressive disorder what you call the ‘black dog’ and that you have had depression over a long period of time, since your twenties. Since the late 1990s you have been unable to work. You have had a pituitary gland issue and that has meant that since 2000 you have found it extremely difficult to work.
In respect of your mental health there was no Verdins submission made on your behalf. R v Verdins (2007) 16 VR 269 sets out the circumstances in which temporary or permanent impaired mental functioning can be relevant to sentencing. In that regard I have taken your mental health into account as a part of the relevant general context in the sentencing calculus.
I understand that by 2000, you were put onto the Disability Support Pension, and you have remained on it since then, something that you have found humiliating.
You were educated locally and completed your schooling at year 10 when you then worked on a family farm. You joined a rural youth organisation and were involved in managing a piggery. You then worked on an oyster farm and growing seed cabbages for about 10 years. I am told you went from being someone who was very hardworking, to someone who has found it humiliating not being able to work to any extent since 2000.
Your partner remains committed to you. You have two children, a daughter who is 16 and a son who is 23. There is also a child of a previous partner and who’s indicated that he remains supportive of you. As I noted at the sentencing hearing you are lucky to continue to enjoy your family’s support.
I have taken into account your age, your health and your family support in the formulation of the sentence that I impose in this matter. I note that you have enjoyed your family’s support throughout, including the material times relevant to your offending.
This Court has identified this type of offending as particularly serious. To my observation the penalties imposed have been increasing. I intend to impose a single sentence in this matter.
The seriousness of your offending hardly needs to be re-stated, but I acknowledge it. I also acknowledge the importance of protecting children as a paramount sentencing consideration. These factors coupled with your moral culpability, the need for general and specific deterrence, vindication of the complainant and denunciation mean that the only possible sentence is a lengthy term of imprisonment to be served immediately. I will backdate the sentence to 14 August 2025.
The term of imprisonment imposed takes into account the matters raised in mitigation, which includes but is not limited to your age, health and plea of guilty.
Under s 11(3) of the Sentencing Act I am obliged if sentencing an offender for more than one child sexual offence to identify the sentence that would have been imposed for each offence had separate sentences been imposed. I note that the fourth count against s 130C of the Criminal Code is not a “child sexual offence”. These sentences are not adjusted for proportionality or totality, they are:
- persistent abuse of a young person contrary to s 125A of the Criminal Code – a term of imprisonment of seven years;
- producing child exploitation material contrary to s 130A of the Criminal Code – a term of imprisonment of 12 months;
- involving a person under the age of 18 years in the production of child exploitation material contrary to s 130 of the Criminal Code – a term of imprisonment of 2 years, and
- possession of child exploitation material contrary to s 130C of the Criminal Code – a term of imprisonment of 18 months.
I have indicated that I would impose a single sentence pursuant to s 11(a) of the Sentencing Act, being a term adjusted for proportionality and totality and which best reflects the sentencing objects that I have identified. RJC you are convicted on all counts. I impose a single sentence – you are sentenced to imprisonment for a period of 10 years, commencing 14 August 2025. But for your plea of guilty and declared remorse, I would have imposed a term of 11 years and 6 months. I order that you not be eligible for parole until you have served one half of the term of imprisonment imposed. In closing I also note the orders that I have made in respect of forfeiture and under the Community Protection Offender Reporting Act 2005.