R v Vaughan Mark Hildebrand (No. 1) [2019] NSWDC 957

R v Vaughan Mark Hildebrand (No. 1) [2019] NSWDC 957

Given the multiplicity and seriousness of offences committed over a decade, including sexual offences, use of carriage service to menace/harrass, solicitation of child pornography, misuse of identity information, wilful misconduct in public office, and possession of prohibited weapons, and aggravation through abuse of police authority, the offender is sentenced to an aggregate term reflecting overall criminality as opposed to accumulation of indicative terms, taking into account pleas of guilty, remorse, some prospects of rehabilitation, and partial accumulation for special circumstances.

Parties
Prosecution: The Queen; Offender: Vaughan Mark Hildebrand
Jurisdiction
Australia
Judgment Date
27 September 2019
Procedural Posture
Criminal / Sentencing
Outcome
Convicted and sentenced to aggregate term of imprisonment of 20 years with a 15 year non-parole period.
Legal Topics
Sexual Offences, Using Carriage Service to Menace or Harass, Soliciting Child Pornography, Dealing With Identity Information, Misconduct in Public Office, Possessing Prohibited Weapon
Criminal Law Sexual Offences Using Carriage Service to Menace or Harass Soliciting Child Pornography Dealing With Identity Information Misconduct in Public Office Possessing Prohibited Weapon

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Parties

The Queen

Prosecution

Vaughan Mark Hildebrand

Offender

Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 Appropriate sentencing for combination of NSW, Commonwealth, and common law offences
  2. 2 Assessment of aggregate criminality
  3. 3 Impact of additional offences taken into account on sentencing

Ratio Decidendi

Given the multiplicity and seriousness of offences committed over a decade, including sexual offences, use of carriage service to menace/harrass, solicitation of child pornography, misuse of identity information, wilful misconduct in public office, and possession of prohibited weapons, and aggravation through abuse of police authority, the offender is sentenced to an aggregate term reflecting overall criminality as opposed to accumulation of indicative terms, taking into account pleas of guilty, remorse, some prospects of rehabilitation, and partial accumulation for special circumstances.

Court Disposition

Convicted and sentenced to aggregate term of imprisonment of 20 years with a 15 year non-parole period.

Orders

  • For 10 offences contrary to s 474.17(1) Criminal Code Act 1995 (Cth): aggregate term of imprisonment of 5 years with a 3 year non-parole period.
  • For 1 offence contrary to s 474.19(1) Criminal Code Act 1995 (Cth): term of imprisonment of 18 months.