TD v R [2026] NSWCCA 139

TD v R [2026] NSWCCA 139 concerns TD’s sentence for three child sexual offences against his two young nieces, with three further offences taken into account. The key issue was whether, after finding that TD’s profoundly deprived and abusive childhood reduced his moral culpability, the sentencing judge also had to determine its effect on general and specific deterrence. The Court held that the failure to do so was a material sentencing error. It did not decide the separate mental illness ground. Granting leave, it allowed the appeal, quashed the original eight-year aggregate sentence and resentenced TD to seven years’ imprisonment, with a four-year non-parole period.