Court rules pae­dophile’s sen­tence was ‘ex­ces­sive’

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

A JUDGE has ruled that a 16-year jail sen­tence for a father who re­peat­edly raped his daugh­ter from the age of 11 was ex­ces­sive and re­duced it to just 10 years on ap­peal.

The 43-year-old was con­victed in 2015 of four counts of rap­ing his daugh­ter be­fore or­der­ing her “not to tell your mum or any­one”.

A NSW District Court heard the girl had dis­closed the rapes to her sis­ter and mother af­ter the first in­ci­dent in 2012, but was dis­cour­aged from pur­su­ing charges, which al­lowed the abuse to con­tinue un­til his ar­rest in 2014.

In the mean­time, the girl had be­gun gath­er­ing ev­i­dence of the crime, in­clud­ing keep­ing tis­sues stained with his DNA and mak­ing writ­ten records of the as­saults. Her father, who also gave the girl chlamy­dia, was ini­tially con­victed and sen­tenced to 16 years and six months jail with a non-pa­role pe­riod of 12 years and four months.

How­ever, his sen­tence was this month re­duced on ap­peal in the Supreme Court on the grounds it was “man­i­festly ex­ces­sive”.

The ap­peal court found while there was no er­ror in con­sid­er­ing the crimes in the “high-range” of of­fend­ing, the orig­i­nal sen­tence did not ad­e­quately con­sider the re­duc­tion for his guilty plea.

The girl told the court in her vic­tim im­pact state­ment she felt “like he’s taken my whole life and my dig­nity” and “he’s ru­ined ev­ery­thing, not just for me but for my whole fam­ily”.

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