Posts Tagged ‘Appeal’


 

Age:   

Location:  WA

Offence:    Convicted for the indecent assault and sexual penetration of a child under the age of 13

Sentence:  Sentenced to four years and six months imprisonment.

Other:   Kooistra appealed his conviction & lost.  Read more here.

 

 

 

 

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O’Callaghan - Nicholas Francis - Photo3

 

http://www.portnews.com.au/story/2699658/ocallaghan-wins-appeal/?cs=257

O’Callaghan wins appeal

Nov. 17, 2014, 4 a.m.

NICHOLAS Francis O’Callaghan was freed from imprisonment on Friday after winning two appeals.

Sitting in Port Macquarie District Court, Judge Leonie Flannery said the “extra-curial punishment” suffered by the former radio identity was relevant to his sentences.

Extra-curial punishment is serious loss suffered by an offender as a result of their crime. In O’Callaghan’s case, this relates to his estrangement from one of his children, total social isolation since being charged and the loss of income and public profile.

Magistrate Brian van Zuylen sentenced O’Callaghan on October 13 to 18 months imprisonment with a non-parole period of 12 months for indecent assault.

The 53-year-old was ordered to serve a concurrent nine-month sentence for possessing child abuse material, which came with a non-parole period of four months.

On Friday morning the Judge first dismissed O’Callaghan’s all-grounds appeal against his conviction and sentence for indecent assault.

She did not accept solicitor Michael Dampney’s submission the victim’s mother’s brain injury affected the woman’s memory, “as the circumstances (of the assault) were a little unusual”,

Judge Flannery said “his (O’Callaghan’s) account did not explain the complainant’s distress”.

O’Callaghan tightly tented his fingers after the all-grounds was dismissed, and slumped forward slightly through the severity of sentence appeals.

Mr Dampney said it was a “very low level instance of assault, except for the age of the child”.

He argued the child abuse material was mainly literature and “it doesn’t involve exploitation of children to create that literature”.

There was no intent to distribute the material, nor was there any chance of someone inadvertently accessing it, he said.

But Crown prosecutor Vicki Hollins said the victim and another young girl were regularly at O’Callaghan’s house and using his computer.

“Your honour, the risk is high,” Ms Hollins said. “That risk is real.”

Mr Dampney said the judge could not be satisfied the material was on a computer because it was stored externally.

Ms Hollins argued the original sentences reflected O’Callaghan’s lack of remorse, while Mr Dampney asked the court to consider the “catastrophic effect this has had on the appellant”.

Judge Flannery confirmed the magistrate’s sentences, but upheld O’Callaghan’s appeals against the severity of both by suspending them under section 12 of the Crimes (Sentencing Procedure) Act 1999.

He was ordered to be of good behaviour until May 3, 2016, and must continue his psychological rehabilitation during that time.

 

http://www.portnews.com.au/story/2622032/radio-presenters-18-month-sentence-for-indecent-assault-child-abuse-material/?cs=12

Port Macquarie radio presenter to appeal jail term

Oct. 13, 2014, 6:55 p.m.

FORMER radio identity Nick O’Callaghan was sentenced to 18 months in prison on Monday.

Magistrate Brian van Zuylen appeared on audio visual link in Port Macquarie Local Court to sentence Nicholas Francis O’Callaghan, who was convicted of indecently assaulting a child and possessing child abuse material on July 25.

O’Callaghan was represented by Michael Dampney on Monday, who said the purpose of his client’s possession of 4025 files of inappropriate material was important.

“He was collecting this material to remind of an erotic experience he had around the age of 15,” Mr Dampney said.

Police prosecutor Geoff Kidd emphasised the “considerable quantity” of material.

“For someone to even describe the images as cute doesn’t carry any weight,” Mr Kidd said. “They are sexually explicit in the extreme.

“Given the abhorrence the community has for offences of this nature, the only appropriate sentence is imprisonment.”

O’Callaghan received an 18-month sentence for the indecent assault, with Mr van Zuylen taking into account the defendant’s “special circumstances”.

The assault sentence has a non-parole period of 12 months, meaning O’Callaghan will be eligible for release on October 12, 2015.

He will concurrently serve a nine-month sentence on the possession of child abuse material charge, which has a non-parole period of four months.

After O’Callaghan was led from the court, Mr Dampney appealed the sentence.

He said O’Callaghan had no criminal record prior to the offences, had not gone near his victim in more than a year, strictly adhered to bail conditions and would willingly surrender his passport.

Mr Dampney also said his client’s parents could lodge $10,000 as surety.

But the magistrate said there was still a risk of O’Callaghan committing a serious offence.

“In the court’s view, the seriousness of the charges mean there are no conditions that could mitigate the risk.”

O’Callaghan is appealing to the District Court over the severity of the sentence for possessing child abuse material, as well as his indecent assault conviction.

 

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Williams - Richard Quincy  - Photo

 

UPDATED: DECEMBER 2014

Court of Appeal found “the sentence imposed fails to suitably punish him, deter him and others, and denounce the conduct,” and extended his parole eligibility to four years.

 

http://news.ninemsn.com.au/national/2014/04/23/08/26/qld-ag-appeals-rapist-s-sentence

Qld AG appeals rapist’s sentence

8:23am April 23, 2014

Queensland’s attorney-general has ordered a Gold Coast rapist’s jail sentence be appealed because it is not harsh enough.

Richard Quincy Williams, 35, was sentenced to eight years in prison after he pleaded guilty to tackling

a 20-year-old jogger and raping her in Merrimac in 2010.

He will be eligible for parole in September 2016.

Detectives linked DNA evidence to Quincy and, after a three-year search, found him in regional Victoria.

Attorney-General Jarrod Bleijie has asked the Director of Public Prosecutions to appeal the sentence

Quincy received in the Southport District Court on April 7.

Mr Bleijie has told prosecutors the sentence is “manifestly inadequate, is not in line with community expectations,

does not set an adequate deterrent and must be appealed”.

 

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Margaritis – Luke Euthimios - Photo6

UPDATE:  SEPT 2014

On the 2nd of September, Attorney-General Jarrod Bleijie failed to have Margaritis’s sentenced increased in the Queensland Court of Appeal. He will still be eligible for parole on July 13, 2015.

 

UPDATE:  FEB 2014

Pleaded guilty to molesting a second student at St Edmund’s College.

Has had 12 months added to a four-year jail sentence. He will now be

eligible for parole on July 13, 2015.

 

UPDATE: Dec 2013

Had his sentenced reduced by one year. Now to serve 4 years jail.

 

http://www.brisbanetimes.com.au/queensland/teacher-jailed-after-plying-student-with-drugs-and-abusing-him-20130403-2h5qb.html

Teacher jailed after plying student with drugs and abusing him

April 3, 2013 – 10:00AM

A former Queensland teacher has been convicted of sexually abusing a 13-year-old student after plying him with drugs and alcohol.

Luke Euthimios Margaritis was 26 when he met the boy while teaching at St Edmund’s College and arranged visits at his home in Limestone Street, Ipswich, west of Brisbane, before and after school.

There, he would give the boy alcohol and the drug amyl nitrite, an inhalant which affects consciousness and cognition.

The boy was then forced to watch pornographic films with his teacher and perform sexual acts on him, with the offences occurring between February and December 1995 but the victim only reporting the abuse to police early last year.

In sentencing the man to five years’ prison, Brisbane District Court Judge John Baulch SC said the former teacher’s behaviour had been “calculating and predatory”.

 

Also see https://aussiesexoffenders.wordpress.com/2014/03/31/luke-margaritis-world-traveling-teacher-convicted-paedophile/ for more info & photos.

 

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UPDATED:  AUGUST 2016

Holliday has won an appeal against convictions for an alleged plot to kidnap witnesses due to give evidence in his trial. The ACT Court of Appeal overturned the convictions. He remains behind bars for the original abuse offences.

 

UPDATE:  SEPTEMBER 2014

http://www.abc.net.au/news/2014-09-23/canberra-paedophile-plotted-to-kidnap-witnesses/5763762

Convicted paedophile found guilty of plot to kidnap child sexual abuse case witnesses

By Elizabeth Byrne

Wed 24 Sep 2014, 1:05pm

A convicted Canberra paedophile has been found guilty of incitement to kidnap two witnesses in his child sexual abuse trial.

Aaron James Holliday, 28, has been serving an eight-year jail sentence after being found guilty of pretending to run a police operation in Canberra that was designed to catch paedophiles.

He befriended boys under the age of 16 and convinced them to recreate real-life child sex abuse scenarios with him as part of their “training”.

In 2010 he was accused of plotting to kidnap and murder two witnesses from his trial.

Today an ACT Supreme Court jury found Holliday guilty of plotting the kidnapping and trying to pervert the course of justice, but not guilty of incitement to murder them.

Holliday had previously told the court a document outlining the plan was false.

A key part of the crown case against Holliday was an eight-page typed letter detailing how the witnesses should be kidnapped, made to retract their statements on tape and then killed.

Prosecutors told the court Holliday had given the letter to another prisoner as instructions in a plan to recruit someone on the outside to carry out the crime.

That prisoner gave the document to authorities.

Holliday took to the stand last week to defend himself against charges of attempting to pervert the course of justice and incitement to kidnap and murder two witnesses.

He told the court the letter was originally hand-written by a fellow prisoner who had kept insisting he could help him with his legal problems.

Holliday said he told the man he was not interested in the proposition and reported him to a prison guard.

But he said the man tried to make him sign the letter and when he refused, the man said he should copy it in his own writing.

Holliday said he later typed the letter on the suggestion of the prison officer that he had reported the matter to.

He said he had given the names of the elder siblings of the victims so that when the police saw the letter, they would realise it was fake.

Holliday told the court the man had repeatedly asked him about his case over a period of months.

He told the court it was draining so he began feeding him incorrect details.

Holliday was also challenged over diary entries which seemed to confirm his purpose for the plan.

But Holliday told the court they were notes he was keeping as part of a plan for a crime novel and not a real diary.

 

UPDATE: AUGUST 2014

Holliday has been granted a parole hearing on the 8th September. If granted parole he must then apply for bail if he wants to leave prison as he is due to face the ACT Supreme Court on 15th September to answer new charges of perverting the course of justice, and of inciting kidnapping and murder.

 

UPDATE:  JAN 2014

To stand trial in the ACT Supreme Court accused of plotting to kill his victims from jail.

 

http://www.abc.net.au/news/2013-07-31/paedophiles-jail-sentence-halved/4856068?section=act

Paedophile’s jail sentence halved

By Ewan Gilbert

Updated Wed 31 Jul 2013, 5:43pm AEST

A Canberra paedophile who convinced his victims they were in training to catch other paedophiles, has

had a major win against his jail sentence.

In 2010 Aaron James Holliday, 27, was sentenced to 16 years behind bars.

But on Wednesday the ACT Court of Appeal overturned that decision and halved his sentence to 8 years.

Holliday will now be eligible for parole as early as 2014.

He was found guilty of pretending to run a police operation in Canberra that was designed to catch paedophiles.

He befriended boys under the age of 16 and convinced them to recreate real-life child sex abuse scenarios with

him as part of their ‘training’.

It all caught up to him in 2009 when police also discovered large quantities of child pornography on his computers.

But Holliday appealed against the 16 year sentence saying it was crushing.

The court agreed, finding that while the crimes were serious it was not appropriate to just give up on rehabilitating Holliday.

But a close relative of one of the victims says Holliday’s earlier release will put the victims in fear for their lives.

“He did threaten violence against a number of the boys, threatened to kill them,” he said.

“It’s a very serious matter for the boys to think that they might have it held over them.

“That when he comes out of jail on parole while they’re still at a young age and really tied to an education institution, they

could be in threat of their lives or even just feel the threat to their lives.”

 

http://www.canberratimes.com.au/act-news/paedophiles-appeal-remains-in-limbo-20130211-2e87q.html

Paedophile’s appeal remains in limbo

February 11, 2013 – 2:46PM

Michael Inman

The sentence of a convicted Canberra paedophile remains in limbo after three appeal judges reserved their decision on Monday.

Both Aaron James Holliday and the office of the Director of Public Prosecutions have appealed against Justice Richard Refshauge’s decision to jail the notorious predator for 16 years, with a non-parole period of seven years.

The 26-year-old was locked up for ”sinister” child abuse offences, including creating so-called training documents that purportedly taught the boys how to help police catch paedophiles in a fictitious ”operation paedobait”.

He also pleaded guilty to theft and possessing more than 11,000 images on his computer ranging from ”erotic” images of children to hardcore child pornography and bestiality.

Holliday’s barrister James Lawton argued sentences for the counts of theft and possession of child pornography were “manifestly excessive”.

Mr Lawton argued the full sentence of 16 years and six months imprisonment was “crushing” for a man of Holliday’s age and previously clean record.

He sought to have the total sentence reduced by two years.

But Director of Public Prosecutions Jon White argued the sentence was “manifestly inadequate” and sought to have it extended.

Mr White said the discount applied to the jail term for Holiday’s guilty plea was too high for such a late admission.

Mr White argued Holliday was a risk of reoffending and had bleak chances of rehabilitation.

Chief Justice Terence Higgins, Justice Hilary Penfold and Justice John Dowsett will hand down their decisions at a later date.

 

http://www.abc.net.au/news/stories/2010/11/24/3075085.htm

Man jailed for having sex with boys

Updated Mon Nov 29, 2010 8:38am AEDT

A Canberra man who had sex with underage boys after telling them they were training to catch paedophiles, will spend at least the next six years behind bars.

Aaron James Holliday pleaded guilty to committing an act of indecency on a child, two counts of possessing child pornography and eight counts of engaging in sexual intercourse with minors.

The 24-year-old befriended his three child victims before abusing them.

He told two of the boys they were being trained for a program called “pedobait” to help police catch paedophiles.

He took them to Mt Majura for what he told them was a training session and then engaged in sexual acts with them.

When police arrested Holliday they found 11,000 child pornography images on his computer.

In sentencing, Justice Richard Refshauge said Holliday deceived his victims in a sinister way and the abuse had long lasting affects on the children

Justice Refshauge took into account Holliday himself had been abused at boarding school.

He sentenced Holliday to 14 years and six months in jail, with a non-parol period of seven years from April last year.

 

http://www.abc.net.au/news/stories/2010/11/11/3063185.htm?site=news

Parents tell of anger over sons’ sexual abuse

By Kathleen Dyett

Updated Thu Nov 11, 2010 8:52am AEDT

A Canberra court has heard a man who sexually abused young boys by running a fake training program, has little understanding of how his actions affected his victims.

Aaron James Holliday, 24, from Braddon has pleaded guilty to seven counts of sexual intercourse with underage boys.

He has also pleaded guilty to possessing child pornography and committing an indecent act.

The ACT Supreme Court heard Holliday told his victims he was from a secret police organisation and they were being trained to catch paedophiles.

Family members of the victims spoke of the despair and anger they have felt about the offences committed on their children.

A father of one victim said he felt distressed and powerless about what happened to his son.

He said he hopes the case will empower other boys in such situations to come forward.

While giving evidence, Holliday agreed with the prosecution that he had gone out of his way to befriend 12-year-old boys and pursue child pornography online.

Holliday reports being sexually and physically abused while in high school and says he has sought counselling.

Holliday says if he had been given proper help for that early abuse, he would not have committed the offences.

The matter has been adjourned for sentencing next week.

 

http://www.abc.net.au/cgi-bin/common/printfriendly.pl?http://www.abc.net.au/news/newsitems/200706/s1939520.htm

Child sex accused ‘wanted work as babysitter’

Last Update: Friday, June 1, 2007. 9:47am (AEST)

The ACT Magistrates Court has heard fresh charges have been laid against a man already accused of child sexual offences.

Twenty-one-year-old Aaron James Holliday was arrested earlier this month when police conducted a search of his home in Civic and seized computer hardware allegedly containing child pornography.

In court today police claimed that Holliday also went by the name of Jake or Jacob Thomas online to seek babysitting work.

Police also say they have identified another six to eight potential victims, and allege that Holliday also had Myspace and Hotmail accounts, where he passed himself off as 14-year- old.

Holliday is also facing a charge of committing an indecent act in front of a 12-year-old boy.

A bail application has been adjourned until next week.

 

http://www.dailytelegraph.com.au/news/sydney-news/male-nanny-porn-charge/story-e6freuzi-1111113509283

Male nanny porn charge

  • AAP
  • May 10, 2007 12:00AM

A MALE nanny allegedly caught with thousands of pornographic images of children also performed an act of indecency in front of a 12-year-old boy, a Canberra court heard today.

Aaron James Holliday, 21, was arrested at his Civic apartment yesterday after police allegedly found more than 50,000 images of child pornography and video files stored on his computers.

He faced the ACT Magistrates Court today on two charges of possessing child pornography and committing an act of indecency in the presence of a child.

The court was told police conducted the search of Holliday’s apartment as part of an investigation into claims the self-employed child care worker committed an act of indecency in front of a 12-year-old boy in July 2006.

Wearing jeans and a dark shirt, the slight young man did not say a word during his court appearance.

Holliday was not required to enter a plea and made no application for bail.

Magistrate Beth Campbell remanded Holliday in custody until May 24.

 

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