Notorious prison guard Wayne Astill learns fate over desperate appeal

A notorious prison guard who sexually abused female inmates, including one who was pregnant, has lost his desperate bid for freedom.

A notorious former prison boss and predator who sexually abused vulnerable female inmates at a Sydney correctional facility has lost a desperate bid to be freed from prison or to have years shaved off his sentence.

Wayne Gregory Astill will remain behind bars until at least 2037 after the state’s highest court, the Court of Criminal Appeal, on Monday threw out his argument that he was the victim of a “miscarriage of justice”.

In a unanimous 3-0 decision, the court found that Astill exploited “the vulnerability” of his victims and used “his rank and position for his own sexual gratification”.

Astill was in March 2023 sentenced to 23 years in prison after he was convicted of 34 charges, including counts of aggravated sexual assault and indecent assault.

His offending related to 12 separate victims, the court was told.

He admitted to seven counts of misconduct in office related to inappropriate consensual sexual acts.

Wayne Astill took his case to the Court of Appeal in a bid to quash his conviction. Picture: NewsWire / Dylan Coker

He was acquitted of a further 17 charges.

The jury found he sexually assaulted female prisoners, one of whom was pregnant at the time, while he was stationed at Dillwynia Correctional Centre in northwestern Sydney.

Earlier this year, he took his case to the Court of Criminal Appeal to appeal both his convictions and sentence.

However, Chief Justice Andrew Bell, one of three judges to hear the appeal, said: “(Astill) exploited the vulnerability of the victims in a deliberate, repetitive and systematic way in respect of which he showed no remorse.

“His actions involved a gross and continuing breach of trust, damaging in immediate terms to the inmates.”

Justice Bell added: “(Astill) held a high office within the Correctional Centre and exploited his rank and position for his own sexual gratification.”

Astill’s barrister Tomislav Bicanic argued the trial judge, District Court Judge Gina O’Rourke, had erred when she gave a direction to the jury about “tendency” evidence.

Astill was arrested in February 2019. Picture: NSW Police.

During the trial, the Crown prosecution argued the evidence demonstrated Astill had a tendency to make sexually suggestive comments, put himself in a position where he was alone with women, and engage in sexual acts without consent.

Astill’s legal team argued Judge O’Rourke should have given further direction to the jury about how they should think about the tendency evidence in order to avoid “reasoning errors”.

During an appeals hearing in June, Crown prosecutor Elizabeth Nicholson said it wasn’t necessary because the jury had been “correctly directed” by Judge O’Rourke, who had “made it abundantly clear” they must not find Astill guilty unless they found the victims’ testimony proven beyond a reasonable doubt.

He was sentenced to 23 years in prison. Picture: NewsWire/Dylan Coker

The Court of Criminal Appeal refused Astill leave to appeal his conviction and sentence in a unanimous 3-0 decision.

Justice Bell, in his written judgment on Monday said: “No miscarriage of justice arose as a consequence of the tendency direction given.

“The outcome of the jury’s deliberations was consistent with the members of the jury having conscientiously discharged their duty and followed the trial judge’s directions.”

The court was told Astill had not shown remorse or insight into his offending and continued to claim he had been “manipulated” by one victim.

“Although the sentence was a stern one, it was appropriately so and was certainly not ‘so far outside the range of sentences available that there must have been error’. Nor was it ‘unreasonable or plainly unjust’,” Justice Bell said.

The NSW government last year launched a special commission of inquiry into Astill’s offending.

Before Astill joined Corrective Services as a prisons officer in October 1999, he served as a detective with the NSW Police.

Astill won’t be eligible for release until 2037. Picture: Supplied

And commissioner Peter McClellan SC, in his report handed down in March, said Astill never should have been employed as a prison guard given allegations of misconduct that were contained on his police file.

“As his police personnel file reveals, he should never have been employed by CSNSW,” Mr McClellan said.

He said Astill’s file contained complaints of “serious criminal and other misconduct”, which raised questions why he wasn’t charged and called into question the “integrity of CSNSW’s employment process”.

Astill will be eligible for release on parole in December 2037 after serving at least 15 years and four months.