R v Apps [2024] NSWDC 205

R v Apps [2024] NSWDC 205

Having regard to the seriousness of the child abuse material and child sex planning offences, the paramount importance of general deterrence and denunciation, the s 16BA schedule offences, the offender's guilty plea warranting a 25% discount, remorse, lack of prior convictions, family circumstances, psychological evidence, and prospects of rehabilitation, the court was satisfied that no penalty other than imprisonment was appropriate and imposed an aggregate sentence with release on recognisance after 15 months.

Jurisdiction
Australia
Judgment Date
03 June 2024
Procedural Posture
Criminal Sentence / Sentence After Guilty Plea in the Local Court
Outcome
James Dean Apps was convicted and sentenced to an aggregate term of imprisonment of 2 years and 6 months, with release on recognisance after serving 15 months.
Legal Topics
['child Abuse Material' 'using a Carriage Service for Child Abuse Material' 'transmission of Child Abuse Material' 'planning Sexual Intercourse With a Child Under 16 Years Outside Australia' 'federal Sentencing' 'recognisance Release Order']
['criminal Law' 'sentencing'] ['child Abuse Material' 'using a Carriage Service for Child Abuse Material' 'transmission of Child Abuse Material' 'planning Sexual Intercourse With a Child Under 16 Years Outside Australia' 'federal Sentencing' 'recognisance Release Order']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 1 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Criminal Sentence / Sentence After Guilty Plea in the Local Court

Legal Issues

  1. 1 ['What sentence should be imposed for possessing child abuse material on a data storage device and using a carriage service to access it, transmitting child abuse material using a carriage service, and doing an act with the intention of planning to have sexual intercourse with a child under 16 years outside Australia.' 'Whether offences on a s 16BA schedule should be taken into account when sentencing for Count 1.' 'Whether any penalty other than imprisonment was appropriate.' 'What recognisance release period and conditions should be fixed.']

Ratio Decidendi

Having regard to the seriousness of the child abuse material and child sex planning offences, the paramount importance of general deterrence and denunciation, the s 16BA schedule offences, the offender's guilty plea warranting a 25% discount, remorse, lack of prior convictions, family circumstances, psychological evidence, and prospects of rehabilitation, the court was satisfied that no penalty other than imprisonment was appropriate and imposed an aggregate sentence with release on recognisance after 15 months.

Court Disposition

James Dean Apps was convicted and sentenced to an aggregate term of imprisonment of 2 years and 6 months, with release on recognisance after serving 15 months.

Orders

  • ['James Dean Apps is convicted.' 'I impose an aggregate sentence of 2 years and 6 months to date from 9 June 2023 and expire on 8 December 2025.' 'Pursuant to s 20(1)(b) Crimes Act 1914, I order that the offender be released on 8 September 2024 after serving 15 months of the sentence, on entering into a recognisance...