R v BL [2021] NSWDC 659

R v BL [2021] NSWDC 659

The offences were below the mid-range but not at the lowest end. The offender's deprived background and related drug addiction moderated culpability and reduced the weight of deterrence, retribution and denunciation only to a degree, because of his prior history, poor past supervision, minimisation and the seriousness of the exploitation of children. The offending was aggravated by being committed while on conditional liberty and in circumstances where the victims were entitled to safety in the home. General and specific deterrence, denunciation, retribution, harm to the victims, totality and the need for imprisonment justified an aggregate sentence of 4 years with a non-parole period of...

Jurisdiction
Australia
Judgment Date
26 November 2021
Procedural Posture
Criminal Sentencing / Sentence Following Pleas of Guilty
Outcome
The offender was convicted of each offence and sentenced to an aggregate term of imprisonment of 4 years with a non-parole period of 2 years.
Legal Topics
['intentionally Recording Intimate Images of Children' 'possession of Child Abuse Material' 'bugmy Principles' 'drug Addiction and Disadvantage' 'general Deterrence' 'prospects of Rehabilitation']
['criminal Law' 'sentencing'] ['intentionally Recording Intimate Images of Children' 'possession of Child Abuse Material' 'bugmy Principles' 'drug Addiction and Disadvantage' 'general Deterrence' 'prospects of Rehabilitation']

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Procedural Posture

Criminal Sentencing / Sentence Following Pleas of Guilty

Legal Issues

  1. 1 ['Assessment of the objective seriousness of offences involving hidden recordings of children and possession of child abuse material.' "Whether the offender's deprived Aboriginal background and drug addiction reduced moral culpability under Bugmy principles." "Whether aggravating factors applied because the offending occurred while the offender was on conditional liberty and in the victims' home." 'Assessment of remorse, rehabilitation prospects, totality, special circumstances and the appropriate aggregate sentence.']

Ratio Decidendi

The offences were below the mid-range but not at the lowest end. The offender's deprived background and related drug addiction moderated culpability and reduced the weight of deterrence, retribution and denunciation only to a degree, because of his prior history, poor past supervision, minimisation and the seriousness of the exploitation of children. The offending was aggravated by being committed while on conditional liberty and in circumstances where the victims were entitled to safety in the home. General and specific deterrence, denunciation, retribution, harm to the victims, totality and the need for imprisonment justified an aggregate sentence of 4 years with a non-parole period of...

Court Disposition

The offender was convicted of each offence and sentenced to an aggregate term of imprisonment of 4 years with a non-parole period of 2 years.

Orders

  • ['BL is convicted of each of the offences H7693662/5, H7693662/10, H7693662/11 and H7693662/12.' 'Taking into account the guilty pleas, BL is sentenced to an aggregate period of imprisonment of 4 years commencing on 1 March 2021 and expiring on 28 February 2025, with a non-parole period of 2 years expiring on 28...