Mark Anthony GINN [2019] NSWDC 892

Mark Anthony GINN [2019] NSWDC 892

Although the child abuse material and carriage service offences involved material at the lower end of Interpol baseline categories and a limited number of images, the offending was aggravated because it occurred while the offender was on parole for similar offending and while he was a registrable person. General and specific deterrence were important, and the Court could not find reasonable prospects of rehabilitation or that the offender was unlikely to reoffend. The offender's guilty pleas, assistance to police, major depressive illness, serious physical disability making custody more onerous, family support and stated intention to engage in treatment justified a 25% utilitarian...

Jurisdiction
Australia
Judgment Date
27 September 2019
Procedural Posture
Criminal Sentence for State and Commonwealth Offences / Sentence
Outcome
Offender convicted on all three matters and sentenced to imprisonment for State and Commonwealth offences, with sentences partially accumulated.
Legal Topics
['failure to Comply With Reporting Obligations' 'use Carriage Service to Access Child Pornography' 'possession of Child Abuse Material' 'conditional Liberty' 'general Deterrence' 'specific Deterrence' 'utilitarian Discount' 'special Circumstances' 'recognisance Release Order']
['criminal Law' 'sentencing'] ['failure to Comply With Reporting Obligations' 'use Carriage Service to Access Child Pornography' 'possession of Child Abuse Material' 'conditional Liberty' 'general Deterrence' 'specific Deterrence' 'utilitarian Discount' 'special Circumstances' 'recognisance Release Order']

Case Brief

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Procedural Posture

Criminal Sentence for State and Commonwealth Offences / Sentence

Legal Issues

  1. 1 ["What sentence should be imposed for failing to comply with reporting obligations under a child protection offenders' registration order." 'What sentence should be imposed for using a carriage service to access child pornography.' 'What sentence should be imposed for possessing child abuse material.' 'How to structure sentences for State and Commonwealth offences where the offences were committed while on parole.' "Whether the offender's depressive illness, debilitating physical condition, social isolation and stated intention to seek treatment warranted mitigation or special circumstances."]

Ratio Decidendi

Although the child abuse material and carriage service offences involved material at the lower end of Interpol baseline categories and a limited number of images, the offending was aggravated because it occurred while the offender was on parole for similar offending and while he was a registrable person. General and specific deterrence were important, and the Court could not find reasonable prospects of rehabilitation or that the offender was unlikely to reoffend. The offender's guilty pleas, assistance to police, major depressive illness, serious physical disability making custody more onerous, family support and stated intention to engage in treatment justified a 25% utilitarian...

Court Disposition

Offender convicted on all three matters and sentenced to imprisonment for State and Commonwealth offences, with sentences partially accumulated.

Orders

  • ['In relation to sequence 1, the fail to comply offence, the indicative sentence is nine months imprisonment, after a 25% discount from a starting point of 12 months.' 'In relation to sequence 3, possessing child abuse material, the indicative sentence is 14 months imprisonment, after a 25% discount from a starting...