R v Tippett [2020] NSWDC 576

R v Tippett [2020] NSWDC 576

Given the objective seriousness of the offending, the prior similar offending, the high assessed risk of sexual reoffending and the need for specific and general deterrence, full-time custody was appropriate; allowing a 10% discount for timely guilty pleas and taking into account remorse and treatment prospects, fixed terms of imprisonment of 6 months for the Commonwealth count and 8 months for the State count were imposed, producing an effective sentence of 10 months.

Jurisdiction
Australia
Judgment Date
10 July 2020
Procedural Posture
Criminal Sentencing / Sentence Following Pleas of Guilty
Outcome
Offender convicted and sentenced to fixed terms of imprisonment on both counts; forfeiture order made for the mobile telephone.
Legal Topics
['federal Offenders' 'imprisonment' 'mitigating Factors' 'remorse' 'plea of Guilty' 'purposes of Sentencing' 'child Abuse Material' 'using a Carriage Service to Send Indecent Material to a Person Under 16']
['criminal Law' 'sentencing'] ['federal Offenders' 'imprisonment' 'mitigating Factors' 'remorse' 'plea of Guilty' 'purposes of Sentencing' 'child Abuse Material' 'using a Carriage Service to Send Indecent Material to a Person Under 16']

Case Brief

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Procedural Posture

Criminal Sentencing / Sentence Following Pleas of Guilty

Legal Issues

  1. 1 ['What sentence should be imposed for using a carriage service to send indecent material to a person under the age of 16 years contrary to s 474.27A of the Criminal Code 1995 (Cth).' 'What sentence should be imposed for possessing child abuse material contrary to s 91H(2) of the Crimes Act 1900 (NSW).' 'What weight should be given to the guilty pleas, remorse, prior similar offending, risk of reoffending, need for deterrence and prospects of rehabilitation.']

Ratio Decidendi

Given the objective seriousness of the offending, the prior similar offending, the high assessed risk of sexual reoffending and the need for specific and general deterrence, full-time custody was appropriate; allowing a 10% discount for timely guilty pleas and taking into account remorse and treatment prospects, fixed terms of imprisonment of 6 months for the Commonwealth count and 8 months for the State count were imposed, producing an effective sentence of 10 months.

Court Disposition

Offender convicted and sentenced to fixed terms of imprisonment on both counts; forfeiture order made for the mobile telephone.

Orders

  • ['On the Commonwealth count, the offender is convicted and a fixed sentence of six months imprisonment is imposed commencing 28 June 2020.' 'On the State count, the offender is convicted and a fixed sentence of eight months imprisonment is imposed commencing 28 August 2020 and expiring 27 April 2021.' 'Apple iPhone...