David Barrison

Following convictions after trial for multiple sexual offences against two young children in the offender's care, the court imposed sentence.

Applying the Supreme Court's guidance in child-sexual-offence sentencing, the court emphasized denunciation, deterrence, proportionality, the profound actual and potential harm to the children and their caregiver, repeated abuse, grooming conduct, and breach of trust.

The court conditionally stayed overlapping counts under the Kienapple rule, imposed consecutive sentences across the two victims subject to totality, and fixed a global sentence of six years' imprisonment.

Ancillary no-contact, child-protection, SOIRA, DNA, and weapons prohibition orders were also made.

The accused was tried on one count of sexual exploitation and one count of sexual assault arising from allegations by a former young babysitter neighbour over a lengthy period.

The case turned on credibility, with the complainant alleging escalating non-consensual sexual activity and the accused denying all misconduct.

Applying the W. (D.) framework, the court held that the whole of the evidence left a reasonable doubt, particularly given improbabilities in the account of repeated sexual activity in the family home and the defence evidence about limited babysitting opportunities.

The charges were dismissed.