R v Coomber [2024] NSWDC 579

R v Coomber [2024] NSWDC 579

Exceptional circumstances exist, given the Offender's personal circumstances, rehabilitation progress, and prospects, justifying the exercise of discretion to order immediate release on a Recognizance Release Order despite the objective seriousness of the Commonwealth child sex offence. The length of the term of imprisonment imposed (three years) reflects the offending seriousness but immediate release is warranted to allow for ongoing rehabilitation, supervision, and community protection.

Parties
Crown: Director of Public Prosecutions (Cth); Offender: Richard Trayton Coomber
Jurisdiction
Australia
Judgment Date
06 December 2024
Procedural Posture
Criminal / Sentence
Outcome
The Offender is convicted; sentenced to 3 years imprisonment for sequence 3 offence, released immediately on a 3-year Recognizance Release Order with conditions; for sequence 1 offence, a 3-year Community Corrections Order on same conditions; forfeiture of specified property.
Legal Topics
Child Sex Offences, Child Abuse Material, Sentencing, Using Carriage Service for Child Pornography Material or Child Abuse Material, Intentionally Import Tier 2 Goods Without Approval, Federal Offenders—sentencing Considerations
Criminal Law Child Sex Offences Child Abuse Material Sentencing Using Carriage Service for Child Pornography Material or Child Abuse Material Intentionally Import Tier 2 Goods Without Approval Federal Offenders—sentencing Considerations

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Parties

Director of Public Prosecutions (Cth)

Crown

Richard Trayton Coomber

Offender

Procedural Posture

Criminal / Sentence

Legal Issues

  1. 1 Appropriate sentence for Commonwealth and State child abuse material offences
  2. 2 Whether exceptional circumstances exist to justify immediate release on Recognizance Release Order under s 20(1)(b) Crimes Act 1914 (Cth)
  3. 3 Relevance of rehabilitation to the sentencing outcome

Ratio Decidendi

Exceptional circumstances exist, given the Offender's personal circumstances, rehabilitation progress, and prospects, justifying the exercise of discretion to order immediate release on a Recognizance Release Order despite the objective seriousness of the Commonwealth child sex offence. The length of the term of imprisonment imposed (three years) reflects the offending seriousness but immediate release is warranted to allow for ongoing rehabilitation, supervision, and community protection.

Court Disposition

The Offender is convicted; sentenced to 3 years imprisonment for sequence 3 offence, released immediately on a 3-year Recognizance Release Order with conditions; for sequence 1 offence, a 3-year Community Corrections Order on same conditions; forfeiture of specified property.

Orders

  • For sequence 3 offence, sentenced to 3 years imprisonment commencing 20 November 2024 and expiring 19 November 2027, released forthwith on a Recognizance Release Order for 3 years from 6 December 2024 upon giving security of $5,000 and subject to specified conditions including good behaviour and supervision.
  • For sequence 1 offence, Community Correction Order for 3 years commencing 6 December 2024 on same conditions as Recognizance Release Order.