R v JS [2018] NSWDC 342

R v JS [2018] NSWDC 342

A full-time custodial aggregate sentence was required because the offender committed serious child abuse material and child sexual offences against her own eight or nine year old daughter over about two months, disseminated 133 images to an adult male she knew had paedophilic tendencies, digitally penetrated the child for the purpose of making child abuse material, and committed the offences in gross breach of trust and authority. The court found sequence 2 and sequence 6 were within the mid-range of objective seriousness, and sequence 7 was just below the mid-range and towards the top of the lower range. Although the offender had borderline intellectual functioning, Panic Disorder and...

Jurisdiction
Australia
Judgment Date
21 November 2018
Procedural Posture
Criminal Sentence / Sentencing After Guilty Pleas
Outcome
Full-time custodial sentence imposed; offender convicted and sentenced to an aggregate sentence of 9 years imprisonment with a non-parole period of 5 years.
Legal Topics
['child Sexual Offence' 'disseminating Child Abuse Material' 'using a Child to Make Child Abuse Material' 'sexual Intercourse With a Child Under 10 Years' 'aggregate Sentence' 'special Circumstances' 'standard Non Parole Period']
['criminal Law' 'sentencing'] ['child Sexual Offence' 'disseminating Child Abuse Material' 'using a Child to Make Child Abuse Material' 'sexual Intercourse With a Child Under 10 Years' 'aggregate Sentence' 'special Circumstances' 'standard Non Parole Period']

Case Brief

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Procedural Posture

Criminal Sentence / Sentencing After Guilty Pleas

Legal Issues

  1. 1 ['Assessment of the objective seriousness of disseminating child abuse material under s 91H(2) of the Crimes Act 1900.' 'Assessment of the objective seriousness of using a child under 14 years to make child abuse material under s 91G(1)(a) of the Crimes Act 1900.' 'Assessment of the objective seriousness of sexual intercourse with a child under 10 years under s 66A(1) of the Crimes Act 1900.' "Whether the offender's borderline intellectual functioning, Panic Disorder and Agoraphobia reduced moral culpability or otherwise mitigated sentence." "Whether aggravating factors under s 21A(2) of the Crimes (Sentencing Procedure) Act 1999 applied, including breach of trust, offending in the victim's home, multiple criminal acts and planned or organised criminal activity." 'Whether an aggregate sentence should be imposed and how the principle of totality should apply.' 'Whether special circumstances should be found under s 44(2) of the Crimes (Sentencing Procedure) Act 1999.']

Ratio Decidendi

A full-time custodial aggregate sentence was required because the offender committed serious child abuse material and child sexual offences against her own eight or nine year old daughter over about two months, disseminated 133 images to an adult male she knew had paedophilic tendencies, digitally penetrated the child for the purpose of making child abuse material, and committed the offences in gross breach of trust and authority. The court found sequence 2 and sequence 6 were within the mid-range of objective seriousness, and sequence 7 was just below the mid-range and towards the top of the lower range. Although the offender had borderline intellectual functioning, Panic Disorder and...

Court Disposition

Full-time custodial sentence imposed; offender convicted and sentenced to an aggregate sentence of 9 years imprisonment with a non-parole period of 5 years.

Orders

  • ['The offender is convicted of sequence 2, disseminate child abuse material pursuant to s 91H(2) of the Crimes Act 1900.' 'The offender is convicted of sequence 6, use child under 14 years to make child abuse material pursuant to s 91G(1)(a) of the Crimes Act 1900.' 'The offender is convicted of sequence 7, sexual...