R v Ebejer [2020] NSWDC 473

R v Ebejer [2020] NSWDC 473

Although the offences were serious, exploitative and called for general deterrence, the offender was a young, immature first offender with recently diagnosed Autism Spectrum disorder and major depressive disorder, strong prosocial and family support, early guilty pleas, cooperation, treatment engagement and good rehabilitation prospects. The AOI circumstance reduced objective seriousness because no actual child was harmed by that communication, though not moral culpability. Balancing the overall criminality, community protection, deterrence and rehabilitation, the Court imposed a Community Correction Order for the NSW offence and Commonwealth imprisonment terms structured for immediate...

Jurisdiction
Australia
Judgment Date
15 June 2020
Procedural Posture
Criminal Sentencing / Sentence After Guilty Pleas
Outcome
The offender was convicted on each of the three matters. A three-year Community Correction Order was imposed for the NSW offence. For the Commonwealth offences he received imprisonment terms totalling one year and nine months, with immediate release on a single recognizance. A forfeiture order was made and the...
Legal Topics
['possess Child Abuse Material' 'use Carriage Service to Procure Person Apparently Under the Age of 16 for Sexual Activity' 'use Carriage Service to Transmit Child Pornography Material' 'federal and State Sentencing' 'assumed Online Identity' 'youth and Immaturity' 'mental Health' 'general Deterrence' 'community Protection']
['criminal Law' 'sentencing'] ['possess Child Abuse Material' 'use Carriage Service to Procure Person Apparently Under the Age of 16 for Sexual Activity' 'use Carriage Service to Transmit Child Pornography Material' 'federal and State Sentencing' 'assumed Online Identity' 'youth and Immaturity' 'mental Health' 'general Deterrence' 'community Protection']

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Procedural Posture

Criminal Sentencing / Sentence After Guilty Pleas

Legal Issues

  1. 1 ['What sentences should be imposed for one NSW offence and two Commonwealth offences involving child abuse material and use of a carriage service.' 'How to assess objective seriousness where the apparent child was an Assumed Online Identity and no actual child was harmed by that communication.' "How to take into account the offender's youth, immaturity, lack of prior convictions, guilty pleas, mental conditions, strong family support and rehabilitation prospects." 'Whether custody was necessary and how to structure sentences for multiple State and Commonwealth offences, including offences on a s 16BA schedule.']

Ratio Decidendi

Although the offences were serious, exploitative and called for general deterrence, the offender was a young, immature first offender with recently diagnosed Autism Spectrum disorder and major depressive disorder, strong prosocial and family support, early guilty pleas, cooperation, treatment engagement and good rehabilitation prospects. The AOI circumstance reduced objective seriousness because no actual child was harmed by that communication, though not moral culpability. Balancing the overall criminality, community protection, deterrence and rehabilitation, the Court imposed a Community Correction Order for the NSW offence and Commonwealth imprisonment terms structured for immediate...

Court Disposition

The offender was convicted on each of the three matters. A three-year Community Correction Order was imposed for the NSW offence. For the Commonwealth offences he received imprisonment terms totalling one year and nine months, with immediate release on a single recognizance. A forfeiture order was made and the...

Orders

  • ['In relation to each of the three matters the offender is convicted.' 'For possess child abuse material (sequence 5), a Community Correction Order for three years from 15 June 2020.' 'Condition of the Community Correction Order: accept the supervision and direction of Community Services New South Wales for as long...