NSW Police Officer Found Guilty of Aggravated Sexual Assault of Teenager

A New South Wales Police Officer has been found guilty of having sexual intercourse with a child between the ages of 14 and 16 years.

Former officer Troy Robert Cridland was refused bail and taken into custody after a jury found he had engaged in sexual activity with the girl on multiple occasions while she was under his authority as a police officer.

The jury also found he had used the girl to produce child abuse material, and had attempted to cover up his crimes by fabricating material and attempting to persuade the girl to lie.

He is due to be sentenced later in July for aggravated sexual intercourse a child aged between 14 and 16 years, producing child abuse material and attempting to pervert the course of justice.

At trial

During the District Court jury trial, Mr Cridland attempted to assert he was not aware, and could not reasonably have been aware, of the girl’s age because screenshots he received from the dating app Tinder showed she had claimed to be above the legal age of consent, which is 16 in New South Wales.

However, the prosecution adduced evidence that he created the messages using fake accounts.

The prosecution also produced CCTV footage from outside the police station showing Mr Cridland, the girl and her mother going through the girl’s phone to find incriminating messages.

One of those messages told the teen: ‘If they ask you if you were in a police car, say no.’

The jury heard the girl’s family had raised concerns about her being bullied at school with Mr Cridland, before their sexual relationship started, and that the officer took advantage of the girl’s vulnerability.

The court determined that because Mr Cridland was in uniform and used his police vehicle during his encounters with the teen, she was legally under his authority and the sexual activity was therefore ‘aggravated’.

The offence of aggravated sexual intercourse with a child aged between 14 and 16 years 

Aggravated sexual intercourse with a child aged at least 14 and less than16 years is an offence under section 66C(4) of the Crimes Act 1900 (NSW) which carries a maximum penalty of 12 years in prison.

To establish the offence, the prosecution must prove beyond reasonable doubt that:

1. You had sexual intercourse with a child aged between 14 and 16,
2. You knew or were reckless as to the age of the child, or you had no reasonable grounds to believe the child was under the age of consent which is 16 years of age in NSW, and
3. You did so in ‘circumstances of aggravation’

‘Sexual intercourse’ is defined as:

1. The penetration to any extent of a female’s genitalia, or the anus of any person, by any part of, or object used by, another person,
2. The introduction of a penis into the mouth of another person,
3. Cunnilingus, or
4. The continuation of any of these activities

‘Circumstances of aggravation’ are where:

1. At the time of, or immediately before or after your conduct you intentionally or recklessly inflicted actual bodily harm on the complainant or another person present or nearby,
2. At the time of, or immediately before or after your conduct you threatened to inflict actual harm on the complainant, or another person present or nearby by means of an offensive weapon or instrument,
3. You were in the company of another person or persons,
4. The complainant was under your authority (which was the circumstance of aggravation relevant to the case of Mr Cridland),
5. The complainant had a serious physical disability,
6. The complainant had a cognitive impairment,
7. You took advantage of the complainant being under the influence,
8. Before or after your conduct you deprived the complainant of his or her liberty, or
9. You broke into a dwelling-house or other building intending to commit a ‘serious indictable offence’, which is an offence carrying a maximum penalty of at least 5 years in prison.

‘Actual bodily harm’ is that which is more than ‘transient or trifling’ and includes lasting scratches, bruises and abrasions.

You were ‘reckless’ if you foresaw the possibility of inflicting actual bodily harm but went ahead with your actions regardless.

An ‘offensive weapon or instrument’ is:

1. A dangerous weapon,
2. Anything made or adapted for offensive purposes, or
3. Anything used, intended for use or threatened to be used for offensive purposes, even though it is not ordinarily used for such purposes, or ordinarily capable of causing harm.

A ‘dangerous weapon’ is:

1. A firearm or imitation firearm,
2. A prohibited weapon, or
3. A spear gun.

Duress is a legal defence to the charge.

The offence of disseminating, possessing or producing child abuse material

Disseminating, possessing or producing child abuse material is an offence under section 91H of the Crimes Act 1900 (NSW) which carries a maximum penalty of 10 years in prison.

To establish the offence, the prosecution must prove beyond reasonable doubt that:

1. You possessed, disseminated or produced material, and
2. The material was child abuse material.

‘Possession’ includes physical custody or control of material or data.

‘Dissemination’ includes:

1. sending, supplying, exhibiting, transmitting or communicating to another,
2. making available for access by another, and
3. entering an agreement or arrangement to do so.

‘Production’ includes:

1. filming, photographing, printing or otherwise making,
2. altering or manipulating, and
3. entering an agreement or arrangement to do so.

Child abuse material charges cover: Filming, photographing, printing or otherwise making child abuse material, or altering or manipulating any image for the purpose of making child abuse material, or initiating or entering into any agreement or arrangement to do so.

What is child abuse material?

Section 91FB of the Act defines “child abuse material” as material that depicts or describes, in a way that reasonable person would regard as being, in all the circumstances, offensive, such as:

• A person who is, appears to be or is implied to be, a child as a victim of torture, cruelty or physical abuse,
• A person who is, appears to be or is implied to be, a child engaged in or apparently engaged in a sexual pose or sexual activity (whether or not in the presence of other persons),
• A person who is, appears to be or is implied to be, a child in the presence of another person who is engaged or apparently engaged in a sexual pose or sexual activity, or
• The private parts of a person who is, appears to be or is implied to be, a child.

In determining whether reasonable persons would regard particular material as being, in all the circumstances, offensive, the following factors are taken into account:

• The standards of morality, decency and propriety generally accepted by reasonable adults
• The literary, artistic or educational merit (if any) of the material, and
• The journalistic merit (if any) of the material, being the merit of the material as a record or report of a matter of public interest
• The general character of the material (including whether it is of a medical, legal or scientific character)

Private parts are a person’s genital area or anal area, or the breasts of a female person.

Under the definition, a ‘child’ is a person under the age of 16 years.

Legal defences to child abuse material charges

Defences to the charge of disseminating, possessing or producing child abuse material include that:

1. You did not know, and could not reasonable have known, that you possessed, disseminated or produced it,
2. Your conduct benefited the public through law enforcement or administration, or the administration of justice, and did not extend beyond it,
3. The material received a classification for publication,
4. The use of the material was approved by the Attorney-General for research, or
5. The material depicts you and would not be child abuse material in the absence of your image.

An additional defence is where you received the material unsolicited and took reasonable steps to get rid of it upon becoming aware of its nature.

The general legal defence of duress also applies.

Legal exception to child abuse material charges

A legal exception to child abuse material charges is that:

1. The possession of the material occurred when you were under 18, and
2. A reasonable person would consider the possession acceptable considering:

• The nature and content of the material,
• The circumstances whereby you came to possess it,
• The age, vulnerability and circumstances of the child depicted,
• Your age, vulnerability and circumstances, and
• The relationship between you and the child depicted.

The offence of perverting the Course of Justice

Perverting the course of justice is an offence under Section 319 of the Crimes Act 1900 and  carries a maximum penalty of 14 years in prison. The significant penalty related to this charge recognises the importance of protecting the integrity of the criminal justice system.

To establish the offence, the prosecution must prove beyond reasonable doubt that:

1. The accused person engaged in an act or made an omission, and
2. By that act or omission, the accused person intended to pervert the course of justice.

Under section 312 of the Act, perverting the course of justice is defined as, ‘obstructing, preventing, perverting or defeating the course of justice or the administration of law’.

Some examples of perverting the course of justice include:

• Attempting to bribe a police officer or a judicial officer to avoid being prosecuted or punished,
• Making a false allegation – declaring that another person was responsible for an offence.
• Encouraging or bribing another person to plead guilty to a crime they did not commit, or to provide a false alibi, or give false testimony in court.

Attempting but failing to carry out all of the ingredients of perverting the course of justice is sufficient to establish the offence, by virtue of section 344A of the Act.

Legal defences to the charge include duress, necessity and self-defence.