An attempt to increase the jail term for depraved child rapist’s who abducted and sexually tormented a young girl two years ago has failed in the Supreme Court of Appeal.

Brett David Hill is serving at least 17 years for the sadistic kidnapping, rape and torture of a schoolgirl, 11, in Newcastle in June 2018.

After driving the girl into bushland, he proceeded to strip her naked, tie her to a tree and perform a series of horrific sexual acts on his helpless victim across different locations over the course of five hours.

The Director of Public Prosecutions, however, argued in court last month the maximum 23-and-a-half year sentence was “manifestly inadequate”.

On Monday a panel of justices dismissed the appeal, despite agreeing that the sentence could have been “sterner”.

“Whilst I am also of the opinion that the aggregate sentence might be regarded as lenient, I am not persuaded that the aggregate sentence is manifestly inadequate,” Justice Derek Price wrote.

Justice Price did find that the ruling Judge Roy Ellis did err in applying a five per cent discount for one count of aggravated sexual assault – to which Hill pleaded guilty to on the day of his District Court trial – saying it should have only been five per cent.

Huw Baker, SC, had told the Court of Criminal Appeal in July Hill’s sentence was “too low” and did not truly reflect on the “appalling” nature of his crimes, and his complete lack of sympathy or empathy.

Hill, 49, pleaded guilty to nine charges in 2019 to charges including seven counts of aggravated sexual assault, aggravated detain for advantage and possessing child pornography.

The court heard Hill, then 47, was armed with scissors and high on synthetic cannabis when he captured the girl as she walked to school in Adamstown Heights on June 12, 2018 before taking her to remote locations to inflict his unspeakable abuse.

His fear of discovery led him to move the girl three times, all the while treating her as an object for his sexual gratification and abusing her in almost “every form” imaginable.

His attack on the girl shocked the community to its core.

Hill took photos of the girl’s degradation, including recording her in sexual acts and when she was urinating.

Hours later he dropped the girl at Kotara train station, having secured a plastic bag over her head.

“During this five hour ordeal, (the girl) was subjected to serious violence, death threats, and multiple acts of nearly every form of forced sexual intercourse – including forced fellatio, digital vaginal, digital anal, penile vaginal, and penile anal intercourse,” facts before the court read.

“When the respondent was later arrested, 271 unrelated child abuse images were located on his phone.”

Hill will be eligible for parole in 2035 at age 64.

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