R v Filmer [2024] NSWDC 609

R v Filmer [2024] NSWDC 609

Given the objective seriousness of the offences is in the low range and there is a strong causal link between the offender’s complex mental condition and his offending, exceptional circumstances exist justifying both a conviction and an aggregate term of two years’ imprisonment, but with immediate release on the entering of a recognisance to be of good behaviour for three years, subject to supervision and compliance conditions.

Parties
Crown: Rex; Offender: Nicholas Peter Filmer
Jurisdiction
Australia
Judgment Date
31 October 2024
Procedural Posture
Criminal / Sentence
Outcome
Convicted—imprisonment with recognisance release
Legal Topics
Child Sex Offences, Child Abuse Material, Using Carriage Service for Child Pornography Material or Child Abuse Material, Using Carriage Service to Groom Person Under 16 Years for Sexual Activity
Criminal Law Child Sex Offences Child Abuse Material Using Carriage Service for Child Pornography Material or Child Abuse Material Using Carriage Service to Groom Person Under 16 Years for Sexual Activity

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Parties

Rex

Crown

Nicholas Peter Filmer

Offender

Procedural Posture

Criminal / Sentence

Legal Issues

  1. 1 What is the appropriate sentence for offences relating to using a carriage service for child abuse material and grooming a person under 16 years for sexual activity?
  2. 2 Whether there are exceptional circumstances justifying immediate release under recognisance despite a sentence of imprisonment for Commonwealth child sex offences

Ratio Decidendi

Given the objective seriousness of the offences is in the low range and there is a strong causal link between the offender’s complex mental condition and his offending, exceptional circumstances exist justifying both a conviction and an aggregate term of two years’ imprisonment, but with immediate release on the entering of a recognisance to be of good behaviour for three years, subject to supervision and compliance conditions.

Court Disposition

Convicted—imprisonment with recognisance release

Orders

  • Nicholas Peter Filmer is convicted.
  • Aggregate term of imprisonment of 2 years from 31 October 2024 to 30 October 2026 imposed.