A man jailed for forcing his de facto
wife to commit sexual acts with her
nine-year-old son, filming it and
savagely beating her, will remain
behind bars indefinitely.
The man, who can not be named for
legal reasons, was jailed for 16 years in
2001.
He had forced his partner to perform
indecent acts as he filmed, with the aim
of setting up a pornography business, in
a series of actions described as
"depraved and despicable".
He forced her into group sex and to
commit sexual acts with her young son,
who he also sexually abused, as well as
threatening her with a garden fork
"because he was dissatisfied with the
standard of the complainant's
performance during those indecent
acts."
"In the 20 years in which I have been
on this Court, I have not seen a case in
which the conduct of the accused was
worse than this," Judge Bruce
McPherson said, in denying his appeal.
"To crown this career of appalling
behaviour, the applicant finally
subjected the woman complainant to a
prolonged and savage beating."
The attack left her with brain damage,
face fractures, and a left ear so badly
damaged it needed plastic surgery.
The man was convicted of indecently
dealing with and maintaining a sexual
relationship with a child as well as
assault occasioning bodily harm.
Even behind bars, the man refused to
admit to any of his crimes, with the
exception of bashing his partner. But he
claimed the attack was to protect her
son from her sexual assaults.
Two psychiatrists who assessed the
prisoner, on two separate occasions,
found he was an unacceptable risk of
breaching any supervision order
imposed.
The prisoner, having served two years
in jail before his sentence, was due to
be released in June 2015, before
Supreme Court Justice Philip McMurdo
granted an application for continuing
detention.
He found there was an unacceptable
risk the man would commit a serious
sexual offence if released.
"The respondent's offending behaviour,
his antisocial personality, the possibility
that there is in his case an element of
sadism or paedophilia, his denial of his
sexual offending and the fact that he
has not engaged in necessary treatment
programs together combine to present
that unacceptable risk," he said.
That decision, which had to be reviewed
under law, was upheld in a judgement
published on Wednesday, meaning the
man would remain behind bars
indefinitely.
"The respondent's general account to Dr
Grant was one of placing blame
everywhere but on himself accusing
everyone of lying and at one stage
saying it is all to do with race," Supreme
Court Justice Susan Brown noted.
The man's counsel, since discharged,
originally argued the use of
amphetamines contributed to the crimes
but the psychiatrists could not find any
substantive.
As late as October 2016, after
completing an early stage sexual
offender rehabilitation program, the
man continued to deny the sexual
offences, ruling him unsuitable.
Crown