//
© 2026 Zoe. All rights reserved.
Zoe gives general legal information, not legal advice. For the authoritative text, check the official register of the law's own jurisdiction, such as the Federal Register of Legislation for Commonwealth laws.
[2026] ACTSC 110
General information, not legal advice.
Supreme Court of the ACT
2026-04-28
Kelly AJ
Original judgment source is linked above.
Source: the ACT Courts (www.courts.act.gov.au). Converted to plain text by ZoeLaw. Not the official version.
SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY
Case Title: DPP v Lloyd (a pseudonym) Citation: [2026] ACTSC 110 Hearing Dates: 1 April 2026, 10 April 2026, 20 April 2026 Decision Date: 28 April 2026 Before: Kelly AJ Decision: See [20] Catchwords: CRIMINAL LAW – JURISDICTION, PRACTICE AND PROCEDURE – Judgment and Punishment – Sentence – aggravated sexual intercourse with a child under 10 – therapeutic correction order – young offender Legislation Cited: Crimes Act 1900 (ACT), s 55(1) Crimes (Sentencing) Act 2005 (ACT), Pt 8A.2A, ss 133XB, 133XN, 133XO Parties: ACT Director of Public Prosecutions Salvador Lloyd (a pseudonym) (Offender) Representation: Counsel T Whybrow (DPP) S Baker-Goldsmith (Offender) Solicitors ACT Director of Public Prosecutions Legal Aid (Offender) File Number: SCC 126 of 2025 KELLY AJ: Introduction
Objective Seriousness
At the time of your offending, you were 17 years old. The victim [redacted] and was aged six or seven years old at the time. You pleaded guilty to one rolled up charge which actually encompasses two acts of penetration.
You had been invited into the victim’s home by the victim’s mother and you were responsible for looking after the victim with her two siblings. You took the victim into the bedroom and first, put your penis into the buttocks of the victim and then, penetrated the victim’s mouth with your penis. During the time you had your penis in her mouth, the child victim asked you to stop and you told her you would in 10 minutes time. You eventually ejaculated in her mouth which caused the child to vomit.
That offending is truly shocking. There was at least one other child present outside the room who, although not witness to your offending, knew something had happened and that the victim was too scared to tell her mother. In the event, it took nearly a year for the victim’s mother to find out what had occurred.
There can be no doubt that your offending is very serious, made more serious by the fact that the victim was [redacted]. Were you an adult you could expect to receive a much heavier sentence than the one I intend to impose today.
The reason for this lies in the fact that you are still a very young man and are to be treated as a young offender for the purpose of sentencing.
I acknowledge that you pleaded guilty at an early enough stage of the proceedings to warrant a discount of 20%. That discount will be reflected in the ultimate sentence I impose.
Subjective Circumstances
I have read the various reports, both the pre-sentence and therapeutics corrections assessment reports which were tendered at your sentencing hearing. [Redacted]. Even before then, your life was fractured and difficult from a very young age. You were often witness to violent arguments amongst your siblings and, indeed, you were often involved in them and received a number of injuries on numerous occasions.
Most disturbingly, the Child Youth Protection Services, as it was then known, began receiving reports regarding significant concerns for your sexually harmful behaviour which seems to have begun from the age of five years.
Since then, there have been over 50 reports about similar behaviour throughout your childhood and adolescence. It seems that from an early age you were estranged from your family and began using drugs and alcohol at a very young age. It is little wonder that you developed an ongoing significant dependence on drugs and alcohol.
One of the most disturbing aspects of the reports before me is a report about sexually harmful behaviour committed by you when you were five years old involving anal penetration of [redacted] with a finger.
A psychologist has expressed an opinion in a report dated 27 March 2026 that you both currently and historically demonstrate evidence of mental impairment and dysfunction.
A cognitive assessment indicated significantly impaired intellectual functioning consistent with mild intellectual disability which impacts your reasoning, comprehension, problem-solving and adaptive functioning.
In her report, Ms Kocak stated: “the available evidence indicates that these conditions were long-standing and clearly predate the index offence. His cognitive impairment is developmental in nature and therefore present from early childhood. His trauma exposure and associated psychological difficulties emerged across childhood and adolescence, well before the offending behaviour. Similarly his substance use began at approximately 10 years of age and escalated over time, becoming entrenched prior to the offence. His depressive symptoms, suicidality and emotional dysregulation also appear to have been present for a considerable period preceding the alleged offending. Accordingly, it is my opinion that Mr [redacted]’s mental impairment psychological dysfunction and trauma related difficulties were well established prior to the offence.”
The psychologist went on to express the opinion that you would benefit from a structured multidisciplinary treatment approach addressing your cognitive and psychological profile.
Given your diagnosis of intellectual disability, all interventions should be adapted to your cognitive capacity, with an emphasis on simplified language, repetition, behavioural rehearsal and concrete skill acquisition. There is strong evidence that individuals with intellectual disability benefit most from structured, skill-based interventions delivered in a consistent and supportive framework.
As I said earlier, your offending is so serious and has had such a devastating impact on the victim’s mother and, indeed, on the victim herself, that ordinarily a substantial sentence of imprisonment would be called for. However, the reports which I have read make it abundantly clear that you are a young offender who is very clearly in need of intensive oversight and correction. That is why, in the end, both your counsel and counsel for the DPP did not object to the obtaining of a therapeutic correction assessment and a therapeutic correction plan under Pt 8A.2A of the Crimes (Sentencing) Act 2005.
I have considered your therapeutic correction assessment and I approve of the therapeutic correction plan for you prepared on 9 April 2026. Accordingly, I now see no impediment to making a therapeutic correction order under s 133XB of the Crimes (Sentencing) Act 2005.
I recognise that by the date of sentence hand down, you will have been in custody since 8 January 2025 which amounts to one year, three months and 21 days. I also recognise the utilitarian value of your guilty plea and have applied a 20% discount to your sentence.
The orders of the Court are: (1) For the offence of sexual intercourse with a child under 10 (CH 80/2025), you are sentenced to a period of one year, three months and 20 days’ imprisonment (reduced by approximately 20% from 20 months’ imprisonment), commencing on 9 January 2025 and expiring on 28 April 2026 and I record your conviction. (2) Pursuant to s 133XB of the Crimes (Sentencing) Act 2005, you will be subject to a therapeutic correction order for a period of two years, commencing on 28 April 2026 and expiring on 27 April 2028. (3) I impose the core conditions set out in s 133XN of the Crimes (Sentencing) Act 2005, and I impose the following therapeutic correction conditions: (a) You must complete a program of treatment set out under the therapeutic correction plan approved by the court. (b) You must submit to medical, psychiatric or psychological treatment that is relevant to you. (c) You must participate in counselling or programs for treatment relevant to your circumstances and your offending behaviour. (d) You must attend meetings with stated persons or class of persons as outlined in Table A of your approved therapeutic correction plan and as directed by the CYP director-general. (e) You just participate in vocational, educational or employment programs or courses. (f) You must submit to alcohol and drug testing. (g) You must not return a positive test sample under alcohol and drug testing. (4) You are required to comply with the therapeutic correction order for the period it is in force, submit to the supervision of the CYP director-general and comply with the directions of the CYP director-general.
I certify that the preceding twenty [20] numbered paragraphs are a true copy of the Reasons for Sentence of her Honour Acting Justice Kelly. Associate: Date: 28 April 2026
DPP
Lloyd (a pseudonym)