R v Nigel Keith SADDLER [2008] NSWDC 48

R v Nigel Keith SADDLER [2008] NSWDC 48

The quantity, nature and depravity of the child pornography, including materials depicting thousands of children, babies under 12 months, pain, bondage, bestiality and COPINE level 10 images, placed each charge in the worst category of offending. The offender's guilty pleas justified a discount on charges two and three, but the first charge warranted the maximum penalty because of the attached serious Form 1 child pornography matters. The number of items and separate storage locations required some accumulation because wholly concurrent sentences would not adequately reflect the total criminality, while totality and the pleas of guilty limited the extent of accumulation.

Jurisdiction
Australia
Judgment Date
18 April 2008
Procedural Posture
Criminal Sentencing for Possessing Child Pornography / Sentence After Guilty Pleas in the Local Court and Committal for Sentence to the District Court
Outcome
The offender was sentenced to an overall term of imprisonment of six years with a non-parole period of four years six months and eligibility for release to parole on 21 Jan 2012.
Legal Topics
['possession of Child Pornography' 'form 1 Offences' 'copine Scale' 'maximum Penalty' 'worst Category of Case' 'plea of Guilty' 'accumulation of Sentences' 'totality']
['criminal Law' 'sentencing'] ['possession of Child Pornography' 'form 1 Offences' 'copine Scale' 'maximum Penalty' 'worst Category of Case' 'plea of Guilty' 'accumulation of Sentences' 'totality']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 1 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Criminal Sentencing for Possessing Child Pornography / Sentence After Guilty Pleas in the Local Court and Committal for Sentence to the District Court

Legal Issues

  1. 1 ['What sentences should be imposed for three counts of possessing child pornography, including matters on a Form 1.' 'Whether the offences fell within the worst category of case for which the maximum penalty may be appropriate.' "How the offender's guilty pleas, Form 1 matters, subjective features, prospects of rehabilitation and likely protection custody should affect sentence." 'Whether sentences should be accumulated having regard to the number of items and separate storage locations.' 'Whether decisions in Police v Power, Power v DPP or R v Oliver provided a benchmark or guideline for sentence.']

Ratio Decidendi

The quantity, nature and depravity of the child pornography, including materials depicting thousands of children, babies under 12 months, pain, bondage, bestiality and COPINE level 10 images, placed each charge in the worst category of offending. The offender's guilty pleas justified a discount on charges two and three, but the first charge warranted the maximum penalty because of the attached serious Form 1 child pornography matters. The number of items and separate storage locations required some accumulation because wholly concurrent sentences would not adequately reflect the total criminality, while totality and the pleas of guilty limited the extent of accumulation.

Court Disposition

The offender was sentenced to an overall term of imprisonment of six years with a non-parole period of four years six months and eligibility for release to parole on 21 Jan 2012.

Orders

  • ['On the second and third charges the offender is sentenced to imprisonment with a non parole period of two years and a head sentence of three years nine months to date from 22 Jul 2007.' 'On the first charge, taking into account the matters on the Form 1, the offender is sentenced to imprisonment with a non parole...