Chief Justice considers reducing Clayton Busto's sentence after error is identified

A sentence imposed for one of Clayton Busto’s sexual offences could be reduced after the Chief Justice questioned whether he had incorrectly considered an aggravating factor.

Busto, who was jailed for 14 years after being convicted of 16 sexual offences against 4 teenage boys, could also face restrictions lasting indefinitely under a Sexual Offences Prevention Order.

The sentencing issue was raised by the prosecution, which the Chief Justice commended for bringing it to his attention.

The count, relating to indecent images, concerned a single occasion. However, during sentencing, the judge referred to the offending taking place on many occasions, treating this as an aggravating factor.

He questioned whether the sentence for that particular count should be rescinded and replaced with a more lenient one.

Separately, the Crown argued for a Sexual Offences Prevention Order lasting indefinitely, or alternatively 20 years.

It wants restrictions on online chats and provisions allowing Busto’s electronic devices to be examined, arguing these are necessary to protect children from future harm.

Defence lawyer Chris Finch described the proposed conditions as too wide and disproportionate, arguing there was no evidence Busto posed a wider threat beyond his previous supervisory roles.

The Crown disagreed, pointing to a pre-sentence report assessing Busto as posing a moderate risk of re-offending.