NSW Attorney-General Mark Speakman has sought a briefing about an historic child sex abuse case dealt with in the Dubbo District Court.
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Mr Speakman said on Monday he had read of the judgment in a report in a Sydney newspaper, which reported a Dubbo man pleaded guilty to 10 counts of historic child-sex crimes and a judge imposed a suspended two-year jail term.
He confirmed he had asked the Director of Public Prosecutions (DPP) to provide him with a brief about the sentence and a non-publication order reportedly protecting the man’s identity.
He had also asked the NSW Police Commissioner to consider if an application for a child protection prohibition order in respect of the offender was appropriate.
“Child sexual abuse is abhorrent,” he said.
Presently courts must sentence offenders in accordance with the sentencing principles that existed at the time the offence was committed, Mr Speakman said.
In September the government had released a paper seeking community views on whether this should be changed, and was currently considering submissions from stakeholders, including victims groups, with a view to implementing any reform next year, he said.
Last month the government had legislated to abolish suspended sentences and the change would take effect by the middle of 2018, he said.
“Under the NSW Government’s sentencing reforms, the strengthened Intensive Correction Order (ICO) will not be available for offenders who have been convicted of any sexual offence against a child,” he said.
“... a child sex offender sentenced to a period of imprisonment will have to serve their sentence in custody.”
A spokesperson for the Office of the DPP confirmed it would review the matter.
Shadow attorney-general Paul Lynch said Mr Speakman should be seeking an immediate review of the case.
“On the face of it, the objective features suggest the outcome is surprising,” he said.
“It should particularly demand the Attorney General’s attention because he’s just carried legislation through Parliament abolishing suspended sentences.
“The use of character evidence in sentencing in child sexual assault cases has long been recognised as problematic.
“Suppressing the identity of victims when they are prepared to be identified seems fundamentally wrong.
“While identity suppression is perfectly proper in many cases, it’s hard to see its appropriate when those most directly concerned don’t want it to happen.”