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DPP (Cth) v Beattie [2017] NSWCCA 301

appeal against sentence — causing a child to engage in sexual intercourse and activities in presence of offender offences contrary to ss 272.8(2) and 272.9(2) of Commonwealth Criminal Code — state offence — original sentence imposed 10 years’ imprisonment with 6 year non-parole period — offences involved offender located in Sydney paying for and directing sexual acts between adults and children located in the Philippines via real-time video link — application of Rivo v The Queen [2012] VSCA 117 — offender not to be sentenced as if physically perpetrated sexual offences directly upon children — however should not be inferred that offender less morally culpable than if offender had physically committed sexual assault — totality — sentencing judge in error by imposing concurrent sentences based on temporal proximity — concurrent sentences imposed failed to acknowledge separate harm done to each victim — general deterrence — s 16A(2)(ja) — importance of general deterrence as offences committed against children in disadvantaged countries lacking adequate child protection mechanisms — specific deterrence — s 16A(2)(j) — offender’s paraphilic disorder may provide explanation for offending and reduces moral culpability but heightens need for specific deterrence — rehabilitation — s 16A(2)(n) — offender’s desire to cease offending conduct demonstrated by voluntary enrolment in rehabilitative  programmes — prospects of rehabilitation dependant on benefit offender derives from programmes — multiple or continuing offences — s 4K — aggregate sentence imposed pursuant to s 53A of Crimes (Sentencing Procedure) Act 1999 (NSW) and s 4K of Crimes Act — appeal allowed — offender resentenced — overall effective sentence of 14 years’ imprisonment with 10 year non-parole period imposed
The CSD acknowledges Aboriginal and Torres Strait Islander peoples as First Australians and recognises their culture, history, diversity and their deep connection to the land. We acknowledge that we are on the land of the traditional owners and pay respects to Elders past and present.

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