R v Dregmans [2022] NSWDC 55

R v Dregmans [2022] NSWDC 55

The offender knew the material sent to him was child abuse material, but the Crown did not prove beyond reasonable doubt that he acquired it because he had a deviant sexual interest in children; nor did the offender prove that he received it only to impress Ohrin. The offence was at the low end of seriousness but not the lowest, and general deterrence required a sentence of imprisonment. However, exceptional circumstances were established by the combination of low objective seriousness, strong prior good character, low risk of reoffending, good rehabilitation prospects and modest extra-curial punishment, so the two-year imprisonment sentence was to be served by immediate release on a...

Jurisdiction
Australia
Judgment Date
11 March 2022
Procedural Posture
Criminal Sentencing for Federal Offence of Possessing or Controlling Child Abuse Material Using a Carriage Service to Obtain or Access That Material, Contrary to S 474.22 A(1) of the Criminal Code / Sentence Following Plea of Guilty
Outcome
Offender convicted and sentenced to two years' imprisonment, to be released immediately upon entering a recognisance of $5,000 without security, subject to conditions; Samsung Galaxy S8 mobile phone forfeited to the Commonwealth by consent.
Legal Topics
['possession of Child Abuse Material' 'use of Carriage Service' 'objective Gravity' 'general Deterrence' 'recognisance Release Order' 'exceptional Circumstances' 'intensive Correction Order' 'guilty Plea' 'extra Curial Punishment' 'rehabilitation']
['criminal Law' 'sentencing' 'commonwealth Criminal Offences'] ['possession of Child Abuse Material' 'use of Carriage Service' 'objective Gravity' 'general Deterrence' 'recognisance Release Order' 'exceptional Circumstances' 'intensive Correction Order' 'guilty Plea' 'extra Curial Punishment' 'rehabilitation']

Case Brief

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Procedural Posture

Criminal Sentencing for Federal Offence of Possessing or Controlling Child Abuse Material Using a Carriage Service to Obtain or Access That Material, Contrary to S 474.22 A(1) of the Criminal Code / Sentence Following Plea of Guilty

Legal Issues

  1. 1 ["What the offender's state of mind was when he received and retained the child abuse material." 'How to assess the objective gravity of the offending.' 'Whether no sentence other than imprisonment was appropriate under s 17A of the Crimes Act 1914 (Cth).' 'Whether exceptional circumstances justified immediate release on a recognisance release order under s 20(1)(b) of the Crimes Act 1914 (Cth).' 'Whether a term of imprisonment could be served by intensive correction order in light of s 67 of the Crimes (Sentencing Procedure) Act 1999 (NSW).']

Ratio Decidendi

The offender knew the material sent to him was child abuse material, but the Crown did not prove beyond reasonable doubt that he acquired it because he had a deviant sexual interest in children; nor did the offender prove that he received it only to impress Ohrin. The offence was at the low end of seriousness but not the lowest, and general deterrence required a sentence of imprisonment. However, exceptional circumstances were established by the combination of low objective seriousness, strong prior good character, low risk of reoffending, good rehabilitation prospects and modest extra-curial punishment, so the two-year imprisonment sentence was to be served by immediate release on a...

Court Disposition

Offender convicted and sentenced to two years' imprisonment, to be released immediately upon entering a recognisance of $5,000 without security, subject to conditions; Samsung Galaxy S8 mobile phone forfeited to the Commonwealth by consent.

Orders

  • ['The offender is convicted of the offence of having child sexual abuse material in his possession using a carriage service to obtain or access that material.' 'Taking the guilty plea into account, the offender is sentenced to a term of imprisonment of two years.' 'The offender is to be released immediately upon...