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R v Whiteman [2021] NSWDC 557

The offender was sentenced following pleas of guilty to 4 counts of using a carriage service to groom contrary to s 474.27(1) of the Commonwealth Criminal Code, 11 counts of using carriage service to transmit indecent material to a child under 16 years contrary to s 474.27A(1) of the Commonwealth Criminal Code, 2 counts of using a carriage service to harass contrary to s 474.17(1) of the Commonwealth Criminal Code, 1 count of using a carriage service to engage in sexual activity contrary to s 474.25A(1) of the Commonwealth Criminal Code, 2 counts of using a carriage service to offend contrary to s 474.17(1) of the Commonwealth Criminal Code. Offender sentenced for additional state offences. Additional offences taken into account pursuant to s 16AB.  

Nature and Circumstances: Offender began offending as an adolescent in 2004 offending only ended when offender was arrested in March 2020. There were 22 complainants aged between 11 and 17, with only one over 16. Offender had physical contact with 6 victims. Most images and sexualised communication threads were of known or unknown child victims of offences committed by the offender. Offender exploited, targeted and abused children known to him. Actions were deceptive, exploitative and invasive of a child’s privacy. Offender stored images for their own prurient purposes as a further gross breach of a child’s privacy. Each image stored involved a real child and exploitation of that child would have been compounded each time the image was viewed.  

Impact on Victim: Many of the children told police how initially they welcomed the approaches by an older and adult man but how uncomfortable and confusing they found it when the approaches toward them turned to sexual demands. Victims felt vulnerable after they realised they had their innocence exploited. Lasting impacts reported included anxiety, shame, negative self-image and feeling that as a young girl their life had been broken. Offender had compromised their capacity to trust others, particularly men.  

Contrition: While offender has displayed some remorse, building on the practical remorse demonstrated by early acceptance of responsibility, evidence was overall unconvincing. Offending was age specific, planned and calculated. Evidence and letter appeared insincere and self-serving. Offender was obviously regretful for the position they are in now, but insight into what they did and harm caused was limited.  

Offender sentenced to 16 years imprisonment with a 12 year non-parole period.
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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