A convicted child sex offender who attacked a 10-year-old girl in the toilets of an Adelaide playground will serve at least two more years in jail after prosecutors launched a successful appeal.
The sentence handed to paedophile Hamzeh Bahrami in the South Australian District Court sparked law reform after the 34-year-old secured a 40 per cent sentencing discount for pleading guilty to attacking the girl.
Laws have since passed South Australian Parliament that cap any sentencing discount at 25 per cent.
Bahrami was initially sentenced to four years and nine months jail with a non-parole period of three years, making him eligible for release in April 2022.
He secured a 40 per cent discount on sentence for pleading guilty to indecent assault and false imprisonment, before the Director of Public Prosecutions appealed against the penalty on the grounds it was "manifestly inadequate".
The Court of Criminal Appeal today agreed, re-sentencing Bahrami to seven years in jail with a five-year non-parole period for his crimes.
Discount of 30 per cent more appropriate
They said a sentencing discount of 30 per cent was more appropriate.
"Though a reduction of up to 40 per cent is available, I would not apply that reduction," Justice Mark Livesey said.
He said while the early guilty plea qualified Bahrami to a "very significant reduction", that was "counter-balanced" by the strength of the prosecution case, Bahrami's initial refusal to candidly cooperate with police and his refusal to explain his offending.
All three Court of Criminal Appeal judges allowed the appeal, but Chief Justice Chris Kourakis would have imposed a slightly higher discount than Justices Chris Bleby and Mark Livesey.
The majority sentence prevailed.
During sentencing in July, District Court Judge Paul Slattery described the crime as "abhorrent in the extreme", saying it was concerning Bahrami could not explain his actions.
The attack took place inside a toilet cubicle at a Blair Athol playground while Bahrami's young daughter and niece peered under the toilet door in April 2019.
In a victim impact statement, the victim's mother wrote that the attack on her daughter had left her family unable to "trust anyone".
"The perpetrator was known to the community so it's very uncomfortable," she said.
"I now feel like I don't want to do anything with the community.
"I now feel like I can't trust anyone, and that the children can't trust anyone."
Bahrami apologised for his crime
In a letter of apology, Bahrami said custody had granted him time to reflect on the seriousness of his crime.
"As a parent of a four-year-old daughter, I cannot imagine how I would react if someone abused her in the same way that I abused my victim," he said.
"I know that I would be very, very angry.
"As a child in Afghanistan, I witnessed several acts of brutal physical abuse of other children and the fact that I have since caused so much damage to an innocent child fills me with shame.
"I fully accept that I may spend many years behind bars for my crimes but I hope that upon my eventual release, I will become a positive contributor to the community once again."
