R v De Luca [2018] NSWDC 438

R v De Luca [2018] NSWDC 438

The objective gravity of the offender's possession, solicitation, transmission and making available of child abuse material, including solicitation of abuse of specific children and the need for general deterrence, required full-time imprisonment notwithstanding his early guilty plea, remorse, lack of prior convictions, personal circumstances, lack of sophistication and good prospects of rehabilitation. Allowing for overlap between offences and a 25% discount for the early plea, the appropriate effective overall sentence was three years' imprisonment with release after 18 months.

Jurisdiction
Australia
Judgment Date
10 August 2018
Procedural Posture
Criminal Sentence / Sentencing After Guilty Plea
Outcome
Offender sentenced to an effective overall sentence of imprisonment for 3 years, to be released after 18 months.
Legal Topics
['possessing Child Abuse Material' 'transmit Child Pornography' 'use a Carriage Service to Make Child Pornography Available' 'use a Carriage Service to Solicit Child Pornography' 'commonwealth and State Offences' '16 BA Form' 'general Deterrence' 'recognizance Release Order']
['criminal Law'] ['possessing Child Abuse Material' 'transmit Child Pornography' 'use a Carriage Service to Make Child Pornography Available' 'use a Carriage Service to Solicit Child Pornography' 'commonwealth and State Offences' '16 BA Form' 'general Deterrence' 'recognizance Release Order']

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Procedural Posture

Criminal Sentence / Sentencing After Guilty Plea

Legal Issues

  1. 1 ['What sentences should be imposed for the State offence of possessing child abuse material and the Commonwealth offences of transmitting child pornography, using a carriage service to make child pornography available, and using a carriage service to solicit child pornography.' "Whether full-time imprisonment was required despite the offender's early guilty plea, remorse, lack of prior convictions, personal circumstances and prospects of rehabilitation." 'How to assess the objective seriousness of the offending, including the nature and quantity of the material, solicitation of abuse of specific children, transmission, making material available via a drop box folder, overlap between offences, and the need for general deterrence.']

Ratio Decidendi

The objective gravity of the offender's possession, solicitation, transmission and making available of child abuse material, including solicitation of abuse of specific children and the need for general deterrence, required full-time imprisonment notwithstanding his early guilty plea, remorse, lack of prior convictions, personal circumstances, lack of sophistication and good prospects of rehabilitation. Allowing for overlap between offences and a 25% discount for the early plea, the appropriate effective overall sentence was three years' imprisonment with release after 18 months.

Court Disposition

Offender sentenced to an effective overall sentence of imprisonment for 3 years, to be released after 18 months.

Orders

  • ['For the State offence of possessing child abuse material, the offender is sentenced to imprisonment for 18 months with a non-parole period of 12 months, dating from 10 August 2018.' 'A finding of special circumstances is made in relation to the State offence because of the Commonwealth sentences.' 'For the...