Evil dad hit with more jail on ap­peal

The Sunday Telegraph (Sydney) - - NEWS - LIA HARRIS

A FATHER who ad­mit­ted to sex­u­ally abus­ing his four-yearold daugh­ter has been handed a longer jail stint af­ter pros­e­cu­tors ap­pealed against his “in­ad­e­quate” sen­tence.

The man was con­victed in a NSW District Court in 2016 of three sex­ual of­fences against his daugh­ter, in­clud­ing sex­ual in­ter­course, be­tween July 2013 and May 2014.

The court heard the girl was abused at age four but did not dis­close the abuse to her mother un­til 2015. Her father then con­fessed when con­fronted.

The court heard the man went into his daugh­ter’s bed­room while she was asleep and abused her, which he con­tin­ued af­ter she woke up and “be­gan to cry and told (the ac­cused) to stop”.

He was sen­tenced to seven years in jail with a non-pa­role pe­riod of four years and six months, which was ap­pealed by pros­e­cu­tors on the grounds that it was man­i­festly in­ad­e­quate.

A Supreme Court of Crim­i­nal Ap­peal last month up­held the ap­peal, say­ing the sen­tenc­ing judge did not sen­tence all three of­fences sep­a­rately and in­stead treated them as one in­ci­dent.

“While all three of­fences were part of the one in­ci­dent, (the ac­cused’s) de­praved con­duct in com­mit­ting the sec­ond and third of­fences af­ter (the vic­tim) woke was a sig­nif­i­cant es­ca­la­tion of his of­fend­ing,” the judge­ment said.

“Over­all I am sat­is­fied the ag­gre­gate sen­tence and, in par­tic­u­lar the non-pa­role pe­riod, was so in­ad­e­quate that it could only be the re­sult of the ‘mis­ap­pli­ca­tion of prin­ci­ple’.”

The ap­peal court im­posed an up­graded sen­tence of nine years in prison with a non­pa­role pe­riod of six years.

The man will be el­i­gi­ble for pa­role in July 2021.

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