A decorated figure of the Launceston arts community who systematically molested a young boy in the 1980s has had an appeal against his sentence rejected.
But not without a degree of support from a Supreme Court Justice.
While Justices Michael Brett and David Porter dismissed the appeal of John Wayne Millwood, 71, Justice Robert Pearce agreed with the appellant’s argument that his sentence was manifestly excessive.
Millwood, who is also a medical scientist, received a four-year jail term in 2016 for maintaining a sexual relationship with a child.
Justice Pearce said his conclusion derived from consideration of the “number and nature” of the offences committed by the appellant.
“None of the foregoing is intended to understate the seriousness of the criminality involved in the appellant’s conduct or the impact on the complainant,” Justice Pearce said.
On five separate occasions, Millwood fondled the victim’s penis and testicles, telling him on one occasion that he wanted to show him “how to make your doodle larger”.
The appellant’s counsel argued that the sentencing judge had ignored Millwood’s “good character” and placed too much emphasis on the “emotive … and hyperbolic” victim impact statement.
Justice Brett said the sentence imposed by Justice Shan Tennent was “a strong response to a serious crime”.
“When regard is had to the serious aspects of the crime, I am not persuaded that the sentence exceeded the ambit of the reasonable exercise of sentencing discretion,” he said.
Millwood was awarded a heritage prize from the City of Launceston in 2009, after he restored a St John Street home.
The prize was stripped from him in February.
He has been a long-time contributor to the city’s arts scene.
However, in the wake of his conviction, Millwood’s various honours were revoked by the John Glover Society and the University of Tasmania.