R v Barbros Ocek [2018] NSWDC 349

R v Barbros Ocek [2018] NSWDC 349

The offender’s offending involved extensive grooming, deception, manipulation, child sexual abuse, production and possession of child abuse material, and use of carriage services against multiple complainants, much of it while on parole or conditional liberty and after prior similar offences. Despite a 25% discount for early guilty pleas and some special circumstances requiring supervision, the objective seriousness, high risk of recidivism, poor rehabilitation prospects, need for community protection, general deterrence, denunciation and total criminality required an overall sentence of 20 years imprisonment with an overall non-parole period of 15 years.

Jurisdiction
Australia
Judgment Date
17 April 2018
Procedural Posture
Criminal Sentence / Committal for Sentence Following Pleas of Guilty in the Local Court
Outcome
The offender was sentenced to an overall term of 20 years imprisonment with an overall non-parole period of 15 years.
Legal Topics
['child Sexual Offences' 'persistent Child Sexual Abuse' 'child Abuse Material' 'using a Carriage Service to Procure or Solicit Child Pornography' 'sex Offender Reporting Obligations' 'intimidation' 'blackmail' 'aggregate Sentences' 'form 1 Offences' 'suppression and Non Publication Orders']
['criminal Law' 'sentencing'] ['child Sexual Offences' 'persistent Child Sexual Abuse' 'child Abuse Material' 'using a Carriage Service to Procure or Solicit Child Pornography' 'sex Offender Reporting Obligations' 'intimidation' 'blackmail' 'aggregate Sentences' 'form 1 Offences' 'suppression and Non Publication Orders']

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Procedural Posture

Criminal Sentence / Committal for Sentence Following Pleas of Guilty in the Local Court

Legal Issues

  1. 1 ['What sentences should be imposed for 38 substantive State and Commonwealth offences, 10 Form 1 offences and one related summary offence following early guilty pleas.' 'How to assess objective seriousness, total criminality, totality, concurrency and partial accumulation across numerous child sexual offences, grooming offences, child abuse material offences and Commonwealth carriage service offences.' 'What discount should be allowed for early pleas of guilty.' 'Whether special circumstances justified a longer parole period and how the overall non-parole period should be structured.' 'Whether non-publication orders should be made to protect complainants and victims.']

Ratio Decidendi

The offender’s offending involved extensive grooming, deception, manipulation, child sexual abuse, production and possession of child abuse material, and use of carriage services against multiple complainants, much of it while on parole or conditional liberty and after prior similar offences. Despite a 25% discount for early guilty pleas and some special circumstances requiring supervision, the objective seriousness, high risk of recidivism, poor rehabilitation prospects, need for community protection, general deterrence, denunciation and total criminality required an overall sentence of 20 years imprisonment with an overall non-parole period of 15 years.

Court Disposition

The offender was sentenced to an overall term of 20 years imprisonment with an overall non-parole period of 15 years.

Orders

  • ['Non-publication order preventing publication of the identity or anything that might identify any named complainant or victim; complainants and victims to be referred to by initials.' 'For counts 7, 8, 9, 18, 19, 22, 23, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, 36 and 37, aggregate sentence of 5 years commencing...