R v Hansen [2021] NSWDC 457

R v Hansen [2021] NSWDC 457

The offending was objectively and subjectively serious, involving deliberate, planned and repeated sexual exploitation and abuse of numerous vulnerable children overseas, creation and possession of a large volume of child abuse material, and use of sophisticated organisation to facilitate and conceal the crimes. The evidence of remorse and cooperation was limited or self-serving. While the guilty plea warrants a 25% discount, limited weight is given to good character, psychiatric explanations, or hardship. The need for general and specific deterrence, denunciation, recognition of harm and community protection justifies significant, partly accumulated State and Commonwealth aggregate...

Parties
Prosecutor: Regina (Crown); Offender: Peter Andrew Hansen
Jurisdiction
Australia
Judgment Date
04 June 2021
Procedural Posture
Criminal / Sentencing
Outcome
Offender convicted on pleas of guilty to multiple State and Commonwealth offences. Aggregate sentences imposed for State and Commonwealth offending, partly accumulated, with specified non-parole periods. Orders as to forfeiture of material and entry on Child Protection Register. Statutory suppression of victims’...
Legal Topics
Child Sexual Offences, Child Abuse Material, Sentencing Procedure, Sentencing Discount, Aggregate Sentencing, Objective Seriousness, Contrition, Remorse, Cooperation With Authorities
Criminal Law Child Sexual Offences Child Abuse Material Sentencing Procedure Sentencing Discount Aggregate Sentencing Objective Seriousness Contrition +2 more

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Parties

Regina (Crown)

Prosecutor

Peter Andrew Hansen

Offender

Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 How should the seriousness of multiple Commonwealth and NSW child sexual offences and child abuse material offences be assessed for sentence purposes?
  2. 2 What discounts and mitigation, if any, should be accorded for pleas of guilty, remorse, character, cooperation with authorities and any psychiatric or rehabilitative evidence?
  3. 3 What is the appropriate sentencing structure for overlapping State and Commonwealth offending involving multiple victims, jurisdictions, and episodes over a lengthy period?

Ratio Decidendi

The offending was objectively and subjectively serious, involving deliberate, planned and repeated sexual exploitation and abuse of numerous vulnerable children overseas, creation and possession of a large volume of child abuse material, and use of sophisticated organisation to facilitate and conceal the crimes. The evidence of remorse and cooperation was limited or self-serving. While the guilty plea warrants a 25% discount, limited weight is given to good character, psychiatric explanations, or hardship. The need for general and specific deterrence, denunciation, recognition of harm and community protection justifies significant, partly accumulated State and Commonwealth aggregate...

Court Disposition

Offender convicted on pleas of guilty to multiple State and Commonwealth offences. Aggregate sentences imposed for State and Commonwealth offending, partly accumulated, with specified non-parole periods. Orders as to forfeiture of material and entry on Child Protection Register. Statutory suppression of victims’...

Orders

  • For State offences: aggregate sentence of 4 years 3 months’ imprisonment, non-parole period 3 years 2 months, commencing 6 October 2018
  • For Commonwealth offences: aggregate sentence of 17 years’ imprisonment, non-parole period 12 years, commencing 6 October 2020