R v Munday [2021] NSWDC 625

R v Munday [2021] NSWDC 625

Given the objective seriousness of the child abuse material offence (possessing over 4000 images and videos, including grave category images with real child victims, albeit majority animated), and two further related offences involving importation and possession of child-like sex dolls, the only appropriate disposition is an aggregate full-time custodial sentence. Despite the offender's low functioning and lack of insight or remorse, there is insufficient basis for exceptional circumstances or for not imposing imprisonment, but some leniency is warranted due to the offender's social functioning. Early guilty plea allows a 25% discount and aggregate sentence is set at 24 months with a...

Jurisdiction
Australia
Judgment Date
18 November 2021
Procedural Posture
Criminal / Sentencing
Outcome
Aggregate sentence of full-time imprisonment imposed; recognizance release order after 12 months with conditions
Legal Topics
['importation Offences' 'possession of Child Like Sex Doll' 'possession/control of Child Abuse Material' 'use of Carriage Service for Child Abuse Material' 'sentencing – Aggregate Sentence' 'objective Seriousness' 'guilty Plea Discounts']
['criminal Law'] ['importation Offences' 'possession of Child Like Sex Doll' 'possession/control of Child Abuse Material' 'use of Carriage Service for Child Abuse Material' 'sentencing – Aggregate Sentence' 'objective Seriousness' 'guilty Plea Discounts']

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Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 ['Appropriate sentence for importation and possession of child-like sex doll and possession of child abuse material under Commonwealth law' 'Assessment of objective seriousness for each offence' 'Consideration of subjective circumstances and prospects for rehabilitation' 'Application of the totality principle and sentencing discount for early guilty plea']

Ratio Decidendi

Given the objective seriousness of the child abuse material offence (possessing over 4000 images and videos, including grave category images with real child victims, albeit majority animated), and two further related offences involving importation and possession of child-like sex dolls, the only appropriate disposition is an aggregate full-time custodial sentence. Despite the offender's low functioning and lack of insight or remorse, there is insufficient basis for exceptional circumstances or for not imposing imprisonment, but some leniency is warranted due to the offender's social functioning. Early guilty plea allows a 25% discount and aggregate sentence is set at 24 months with a...

Court Disposition

Aggregate sentence of full-time imprisonment imposed; recognizance release order after 12 months with conditions

Orders

  • ['Offender convicted of all three offences as set out at commencement.' 'Aggregate term of imprisonment of 24 months less one day (allowing for one day in custody), to date from 18 November 2021 and expiring 16 November 2023.' 'Upon expiry of 12 months from 18 November 2021, offender to be released on a recognizance...