R v Ghulaim [2021] NSWDC 310

R v Ghulaim [2021] NSWDC 310

Each offence was very slightly below the middle of the range of objective seriousness for an offence of its kind because, although the quantity of material was not as great as in other cases, the material was particularly depraved. The offender's youth, dysfunctional and traumatic childhood, post-traumatic stress disorder, substance abuse and causal link between those matters and the offending reduced moral culpability, but remorse was not proved and rehabilitation prospects were only cautiously guarded. General deterrence remained the principal sentencing consideration and specific deterrence was fully engaged. The custodial threshold was crossed for both offences, and after a 25 per...

Jurisdiction
Australia
Judgment Date
11 May 2021
Procedural Posture
Criminal Sentence / Sentence
Outcome
For NSW/State offence: Imprisonment for 1 year 6 months with a non-parole period of 9 months; for Commonwealth offence: Imprisonment for 1 year 6 months, to be suspended after 9 months.
Legal Topics
['accessing Child Pornography Material Using a Carriage Service' 'possessing Child Abuse Material' 'child Abuse Material' 'general Deterrence' 'specific Deterrence' 'mental Health and Childhood Trauma in Sentencing' 'guilty Plea Discount' 'non Parole Period' 'suspended Federal Sentence']
['criminal Law' 'sentencing'] ['accessing Child Pornography Material Using a Carriage Service' 'possessing Child Abuse Material' 'child Abuse Material' 'general Deterrence' 'specific Deterrence' 'mental Health and Childhood Trauma in Sentencing' 'guilty Plea Discount' 'non Parole Period' 'suspended Federal Sentence']

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Procedural Posture

Criminal Sentence / Sentence

Legal Issues

  1. 1 ['What sentence should be imposed for accessing child pornography material using a carriage service contrary to s474.19(1)(a)(i) of the Commonwealth Criminal Code.' 'What sentence should be imposed for possessing child abuse material contrary to s91H(2) of the Crimes Act 1900 (NSW).' 'How the objective seriousness of each offence should be assessed given the quantity and nature of the material.' "Whether the offender's childhood trauma, post-traumatic stress disorder and substance abuse reduced moral culpability and mitigated sentence." 'Whether remorse and prospects of rehabilitation were established.' 'Whether general deterrence and specific deterrence required full-time imprisonment.' 'What discount should be allowed for the utilitarian value of the guilty plea.']

Ratio Decidendi

Each offence was very slightly below the middle of the range of objective seriousness for an offence of its kind because, although the quantity of material was not as great as in other cases, the material was particularly depraved. The offender's youth, dysfunctional and traumatic childhood, post-traumatic stress disorder, substance abuse and causal link between those matters and the offending reduced moral culpability, but remorse was not proved and rehabilitation prospects were only cautiously guarded. General deterrence remained the principal sentencing consideration and specific deterrence was fully engaged. The custodial threshold was crossed for both offences, and after a 25 per...

Court Disposition

For NSW/State offence: Imprisonment for 1 year 6 months with a non-parole period of 9 months; for Commonwealth offence: Imprisonment for 1 year 6 months, to be suspended after 9 months.

Orders

  • ['For Count 2, the NSW offence, the offender was sentenced to imprisonment for 1 year 6 months.' 'For Count 2, a non-parole period of 9 months was fixed to date from 11 May 2021 and expire on 10 February 2022.' 'For Count 2, the balance of 9 months was fixed to date from 11 February 2022 and expire on 10 November...