R v Gerard Loreto [2016] NSWDC 252

R v Gerard Loreto [2016] NSWDC 252

Both offences fell below the middle range of objective seriousness but not at the lowest end. Count 1 involved actual children, including very young children, and material across CETS Categories 1 to 5, with Category 4 videos and some humiliating or degrading material, although the volume was relatively low and there was no evidence of sale or profit. Count 2 involved dissemination to one person by trading Category 4 child abuse videos in a closed forum, with no financial profit, but the offender could not control further use and was actively seeking child abuse material. Given the objective seriousness, the prior similar conviction, the absence of remorse and the inability to make...

Jurisdiction
Australia
Judgment Date
14 October 2016
Procedural Posture
Criminal Sentencing / Sentence After Guilty Plea
Outcome
The offender was convicted on both counts and sentenced to full-time imprisonment, with release on parole on 23 May 2017 for Count 1.
Legal Topics
['possess Child Abuse Material' 'dissemination of Child Abuse Material' 'child Pornography' 'cets Scale' 'general Deterrence' 'denunciation' 'guilty Plea Discount' 'accumulation and Totality']
['criminal Law' 'sentencing'] ['possess Child Abuse Material' 'dissemination of Child Abuse Material' 'child Pornography' 'cets Scale' 'general Deterrence' 'denunciation' 'guilty Plea Discount' 'accumulation and Totality']

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Procedural Posture

Criminal Sentencing / Sentence After Guilty Plea

Legal Issues

  1. 1 ['What sentence should be imposed for possessing child abuse material contrary to s 91H(2) of the Crimes Act 1900 (NSW).' 'What sentence should be imposed for disseminating child abuse material contrary to s 91H(2) of the Crimes Act 1900 (NSW).' 'How objective seriousness should be assessed where the material included CETS Categories 1 to 5 and dissemination involved trading Category 4 videos with one person.' "What weight should be given to the offender's guilty plea, prior conviction for a similar offence, prospects of rehabilitation, remorse, general deterrence, denunciation, specific deterrence, accumulation and totality."]

Ratio Decidendi

Both offences fell below the middle range of objective seriousness but not at the lowest end. Count 1 involved actual children, including very young children, and material across CETS Categories 1 to 5, with Category 4 videos and some humiliating or degrading material, although the volume was relatively low and there was no evidence of sale or profit. Count 2 involved dissemination to one person by trading Category 4 child abuse videos in a closed forum, with no financial profit, but the offender could not control further use and was actively seeking child abuse material. Given the objective seriousness, the prior similar conviction, the absence of remorse and the inability to make...

Court Disposition

The offender was convicted on both counts and sentenced to full-time imprisonment, with release on parole on 23 May 2017 for Count 1.

Orders

  • ['The offender is convicted on both Counts.' 'On Count 2, the offender is sentenced to a fixed term of imprisonment of 14 months commencing on 23 October 2015 and expiring on 22 December 2016.' 'On Count 1, the offender is sentenced to a non-parole period of 1 year and 1 month, commencing on 23 April 2016 and...