Maximo Cabezuela loses appeal after sexually abusing girls over 15 years

An elderly man who sexually abused four girls - between the ages of three and 13 - over a 15-year period is likely to die in jail after failing to have his sentence reduced because of COVID-19.

An elderly man who sexually assaulted four young girls has failed in his bid to have his sentenced reduced. Picture: Stock image

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An elderly man jailed for at least 18 years following the horrific sexual abuse of four Illawarra girls has failed to have his jail term reduced due to the current coronavirus pandemic.

In 2018, a NSW District Court jury found Maximo Cabezuela guilty of 21 counts of indecent assault, one count of rape, two counts of buggery and three counts of carnal knowledge after he sexually abused four girls between the ages of three and 13 over a 15-year period.

The offences occurred between 1966 and 1981 at the girls’ home in the Illawarra region, where they lived with their parents who had migrated from Spain in the 60s.

Over Cabezuela’s 15 years of offending, he was aged between 27 and 42.

Cabezuela was sentenced to 28 years jail with a non-parole period of 18 years in 2019, however on Monday tried to appeal what his lawyer described as a “manifestly excessive” sentence in the NSW Court of Criminal Appeal.

In 2018, a NSW District Court jury found Maximo Cabezuela guilty of 21 counts of indecent assault, one count of rape, two counts of buggery and three counts of carnal knowledge.

Cabezuela’s lawyers, in front of Justice Michael Walton, sitting with Justices Clifton Hoeben and Ian Harrison, argued for a reduction in his sentence due to the COVID-19 pandemic.

They said due to the fact Cabezuela was now 80 with several health conditions, he would be more susceptible to the virus if it got into the prison system.

If the virus did infiltrate jails across the state, they argued he would be classed as an “at-risk inmate” and be subject to additional isolation “over and above the difficulties encountered by inmates arising from prison lockdowns”.

It was further submitted by the defence Cabezuela, in particular, because of his age and health, suffered from anxiety or “a state of uncertain suspense” concerning the potential for transmission of the disease in prison and that his usual movements have been restricted due to the fact he’s isolated 24 hours day with other at-risk inmates.

However, Justice Walton said it was not the case where COVID-19 may have impacted upon the sentence imposed.

“Here, as I have found, the nature of the offences and the offending are of such seriousness that, even if substantially greater weight were given to these subjective factors of age, infirmity of health and additional custodial restrictions such as limitations on contact and exercise due to the effects of COVID-19, no different sentence would properly follow,” Justice Walton’s judgment read.

Justice Walton dismissed the appeal, finding the sentencing judge gave considerable weight to his age and health back in 2019.

Cabezuela will likely die in jail, with his non-parole period set to expire in 2036, when he would be 96.