Archive for July, 2014

Court releases Dubbo man convicted of downloading child porn

July 30, 2014, 4:30 a.m.

A Dubbo man has been released on a good behaviour bond despite being found guilty of downloading child pornography on a computer that was accessed by young children.

Charles Bryan Tupetaiki Campbell was handed a suspended sentence of 18 months after pleading guilty to producing, disseminating or possessing child abuse material in Dubbo Local Court yesterday.

Campbell, the director of an education centre at Dubbo, was arrested in February. After initially being held in custody, he was released on bail with strict conditions.

Facts tendered to the court during Campbell’s trial said the centre he managed catered for students aged from 5 to 21.

A 15-year-old boy who received tutoring at the centre was working on one of the computers when he stumbled on a link to a video of a young Asian boy. He closed the link and said nothing but police were informed later and an investigation began.

On February 13, Campbell voluntarily attended Dubbo Police Station where he made a number of admissions about viewing pornography on computers at the centre.

He gave police permission to access computers and storage devices at the centre and his home, where they seized a large amount of equipment.

At 5.30pm on February 14, Campbell was arrested by police at his house. According to prosecution facts, Campbell gave a recorded interview where he full admitted to downloading and possessing child abuse material.

The 56-year-old told police he felt compelled and had been downloading child abuse material from the internet since the late 1990s.

Under the terms of the sentence, Campbell has to appear before the court if called upon during the term of the bond and to accept supervision and comply with all reasonable direction of the Probation and Parole Service.

He is also required to report to Probation and Parole at Dubbo Community Corrections District Office within seven days.


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James March

Posted: July 30, 2014 by Serendipity in A.C.T, Queensland
Tags: , , , , ,


UPDATE: 31 JULY 2014

Chief Justice Helen Murrell sentenced March to seven years and nine months in prison.

He will be eligible for parole in 2019.

Man who raped woman during granny flat burglary threatened to return to rape mother, court hears

By Elizabeth Byrne

Tue 29 Jul 2014, 6:19pm

A man who pleaded guilty to raping a young woman during a random burglary last year told her not to tell anyone or he would come back and rape her mother, the ACT Supreme Court has heard.

The woman’s mother read a victim impact statement to the court in a sentencing hearing for 27-year-old James March.

March has pleaded guilty to the attack, during which he broke into a granny flat in the backyard of the family home and repeatedly raped the victim.

The woman’s mother told the court her family no longer felt safe in their own home.

She said she was haunted by the fact she failed to stop him harming her daughter, because she had not heard anything from inside her house.

The court also heard March had had a terrible upbringing and both his parents had been heroin users.

March will be sentenced tomorrow.

Ian Clive Clarke

Posted: July 30, 2014 by Serendipity in Queensland
Tags: ,


Location:  Mackay  /  QLD

Offence:  Pleaded guilty to possessing child exploitation material in the Mackay District Court.

Sentence:  Sentenced to 12 months jail,  suspended after serving three months.

Other:  Found with 274 images and 44 videos.  Clarke has previous convictions.


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Kimberley man told he will be jailed for child sex offences

March 31, 2008 14:36:00

A man from the remote Kimberley Aboriginal community of Kulumburu has been remanded in custody pending sentencing for child sex offences.
Patrick Tataya has pleaded guilty to the sexual penetration of a child under 13 and indecent dealings with a child under 13.
Supreme Court Judge John McKechnie said Tataya will be sentenced to a term in jail, although he says he will take into account the 12 months Tataya has already spent in Hakea Prison in Perth.



The state’s Serious Offenders Review Council has advised the State Parole Authority not to release Whiteoak. He is entitled to reapply for parole on September 25 2018.



Yorkshire-born Whiteoak has been refused parole because his native England isn’t ready to accept him back.

His case will go back before the parole authority on August 15.



The State Parole Authority intends to release vicious killer & rapist Whiteoak on parole. He could be freed within weeks.



The Serious Offenders Review Council has recommended that Whiteoak be reclassified to the lowest minimum security level of C3. He can apply for unsupervised day leave.



The Serious Offenders Review Council is reconsidering reducing the 65-year-old’s prison classification so he can qualify for unsupervised leave — despite the fact his visa has been cancelled and he will be deported to his native Yorkshire if he is ever paroled.

What a load of Brit: UK-born killer Barry Whiteoak wins ‘racist’ compensation case

April 24, 2014 12:00AM

A CONVICTED murderer and rapist has won damages after a tribunal found he was racially discriminated against in jail — because he is British.

Taxpayers funded the six-year marathon which cost up to $100,000 and prompted a NSW Legal Aid review of similar foreign-born cases that are pending.

Barry Whiteoak’s victory after he was stripped of prison perks like opportunities for day release for being a British “lawful non-citizen” won him $500 in compensation which will go straight to the Victims Support Fund for victims of crime.

Whiteoak, 66, has been ­behind bars since 1983 when he stabbed and strangled nurse Noreen Hannon in September 1983of that year.

At the time he forced himself into the 25-year-old nurse’s flat he was already on parole for a 1980 rape, a crime he committed while on parole for indecently assaulting a woman at knifepoint in 1978, seven years after he arrived from the UK.

Ms Hannon’s then-boyfriend, Michael Maher, said yesterday “the whole thing is crazy”.

“It is an absolute disgrace when people who have genuine cases can’t get Legal Aid but these guys can,” Mr Maher said.

“He is a serial rapist and murderer who should have no rights in prison, never mind the right to bring this case and we have had to pay for it.”

NSW Legal Aid boss Bill Grant said: yesterday pledged to review similar cases on his books. “We will be reviewing the utility of cases like this to see if they are appropriate ways of spending scarce Legal Aid resources.” CEO Mr Grant said.

It is understood that Legal Aid initially funded the case ­because it involved “a fundamental legal principle” but the loophole had been closed even before the case got into a tribunal.

Whiteoak ’s life sentence for murdering Ms Hannon was redetermined to a minimum of 15 years in 1994. He had been refused bail a number of times until in August, 2008, the Department of Immigration cancelled his permanent residency visa, ­ensuring his deportation back to his native Yorkshire.

Whiteoak launched his ­racial discrimination case in December, 2008, after Corrective Services imposed a blanket ban on lawful non-citizens like himself being classified a C3, which allows them to apply for day and work release and other perks.

“It is discrimination because the policy decisions are treating me differently to what an Australian citizen is treated,’’ Whiteoak told the Administrative Decisions Tribunal.

He argued the decision to cancel his permanent residency was “based solely on the fact I am a British subject in jail and not my offensive behaviour’’.

The convicted killer asked the tribunal to “use all the powers available … to persuade and or force the Corrective Services to change (my) classification back.’’

After a number of hearings, the Civil and Administrative Tribunal, which now incorporates the ADT, ruled this month that Corrective Services had racially discriminated against him under the Anti-Discrimination Act.


EVERY time Yorkshireman Barry Whiteoak has been freed from an Australian jail he has claimed a new victim.

He arrived as a 20-year-old and, by the age of 27, was behind bars for an indecent assault at knifepoint in which he told his victim: “It would be easy to carve you up.”

He was convicted and jailed for a non-parole period of nine months. He raped his next victim while on parole for the indecent assault.

Jailing him for 18 months, the judge described him as “an inadequate, lonely socially inept man’’.

By the time he was ­released from jail on parole for that rape, young nurse Noreen Hannon had arrived from Ireland on a working adventure in Sydney.

She was attacked as she returned to her Parramatta flat on September 25, 1983, stabbed, strangled and her naked body left in the lift.

Whiteoak pleaded his innocence but he was convicted of her murder and jailed for life.

When he came before the Supreme Court in 1994 under new laws that meant all life sentences had to be redetermined, Justice Peter McInerney said he had considered refusing the application.


July 8, 1948 Barry Whiteoak born Yorkshire, England.

1971 Arrived in Australia from Yorkshire, England as a tradesman after completing a five-year apprenticeship in the aircraft division of Rolls Royce.

May 1978 Convicted of indecent assault at knifepoint, jailed for three years hard labour, nine months non-parole period.

August 1980 On parole, he raped another woman. Convicted by a jury and jailed for 18 months hard labour.

September 1983 Stabbed and strangled nurse Noreen Hannon.

July 1984 Again Pleaded not guilty but was convicted of murder and sentenced to life in jail.

December 1994 Life sentence redetermined at minimum 15 years with maximum term of life. Justice Peter McInerney said he had been told “ominously” by the Serious Offenders Review Board that “there is no doubt that, given the right circumstances occurring, (Whiteoak) is capable of considerable violence”.

September 1998 Whiteoak eligible for parole.

April 2003 Due to be released but public and political pressure kept him behind bars.

August 2008 Department of Immigration cancelled his permanent residency visa. Whiteoak claims decision was “strongly racist”.

November 2008 Administrative Decisions Tribunal rules in the case of Columbian cocaine smuggler Carlos Contreras-Ortiz. Jailed for 15 years imprisonment in April 1998 with a non parole period of 11 years, the ADT found he had been racially discriminated against by the Department of Corrective Services by refusing to consider him for day leave and work release and other “services”.

December 15, 2008 Corrective Services implemented a blanket policy that prevented illegal non-citizens like Whiteoak from being classified the lowest security clearance, of C3 which would allow them to apply for access to day or work release. They must remain a higher C1 classification.

December 23, 2008 Whiteoak lodged complaint of racial discrimination with Anti-Discrimination Board.

2009 Ortiz finished sentence. Deported.

2012 The Administrative Decisions Tribunal ruled there was “substance’’ in Whiteoak’s claims and dismissed an application by the State of NSW to throw the case out.

April 2014 The new Civil and Administrative Tribunal rules Whiteoak was racially discriminated against.


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Sykes – Trent Wesley - Photo.

Man loses child porn sentence appeal

By Jason Rawlins

Posted Fri Sep 11, 2009 11:37am AEST

A Queensland man who used his father-in-law’s home computer to access child pornography has lost an appeal against his sentence.

Trent Wesley Sykes was 28 when he was jailed by a District Court judge in Toowoomba, on Queensland’s Darling Downs, earlier this year for using the internet to access child pornography.

He was sentenced to 15 months in jail, to be released after serving six.

The Australian Federal Police were notified in 2007 that a computer with an IP address registered to Sykes’ father-in-law had downloaded 31 child pornography images from a Croatian astronomy website which had been “hacked” and used to store the material.

Sykes admitted to using his father-in-law’s computer to download a total of 89 images, including 20 category four images – with category five being the worst.

The Court of Appeal dismissed Sykes’ appeal against his sentence, finding it was not excessive.


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Cooks Hill rapist loses court appeal

Posted Fri 25 Jul 2014, 3:11pm AEST

A rapist described by a judge as brutal and callous has lost his appeal to reduce his lengthy jail sentence for a violent sex attack in Newcastle.

The court heard 32-year-old Daniel Paul Keeley had consumed 22 beers and smoked cannabis before raping the 23 year woman at knifepoint in Cooks Hill in July 2011.

He followed her, before grabbing her and holding a knife to her throat.

Keeley then forced her into an alleyway where he cut off her clothes and repeatedly raped her.

He was arrested at the airport after returning from Bail.

In September 2012 he was sentenced to 15 years jail with 12 years non parole.

At the time Newcastle District Court Judge Laura Wells described the ordeal as brutal and callous.

Keeley appealed, arguing the sentence was too harsh.

The Court of Criminal Appeal disagreed.

It has dismissed his legal challenge, meaning he will be in jail until August 2023.


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