Police v Power [2007] NSWLC 1

Police v Power [2007] NSWLC 1

The offence warranted full-time imprisonment because the accused possessed a substantial quantity of serious child pornography, including material depicting penetrative sexual activity and gross assault involving children, and the objective seriousness and paramount need for general deterrence outweighed the mitigating effect of his plea, good character, psychiatric evidence and prospects of rehabilitation. His mental condition was given limited weight because he was highly legally qualified, continued to function in a senior prosecutorial role, and knew what he was doing and that it was unlawful. A 16.5% discount for the guilty plea reduced an otherwise appropriate sentence of 18 months...

Jurisdiction
Australia
Judgment Date
09 May 2007
Procedural Posture
Criminal Prosecution for Possession of Child Pornography Under Section 91 H of the Crimes Act 1900 / Sentence After Plea of Guilty in the Local Court
Outcome
Convicted and sentenced to full-time imprisonment.
Legal Topics
['possession of Child Pornography' 'guilty Plea Discount' 'good Character' 'psychiatric Evidence' 'general Deterrence' 'suspended Sentence' 'protective Custody and Special Circumstances']
['criminal Law' 'sentencing'] ['possession of Child Pornography' 'guilty Plea Discount' 'good Character' 'psychiatric Evidence' 'general Deterrence' 'suspended Sentence' 'protective Custody and Special Circumstances']

Case Brief

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Procedural Posture

Criminal Prosecution for Possession of Child Pornography Under Section 91 H of the Crimes Act 1900 / Sentence After Plea of Guilty in the Local Court

Legal Issues

  1. 1 ['What sentence should be imposed for possession of child pornography under Section 91H of the Crimes Act 1900.' 'How the objective seriousness of the offence should be assessed by reference to the nature, quantity and classification of the material possessed.' "What weight should be given to the accused's plea of guilty, prior good character, psychiatric evidence, remorse, prospects of rehabilitation and risk of reoffending." 'Whether general deterrence required full-time imprisonment rather than a good behaviour bond or suspended sentence.' 'Whether special circumstances justified varying the statutory relationship between the non-parole period and the total sentence.']

Ratio Decidendi

The offence warranted full-time imprisonment because the accused possessed a substantial quantity of serious child pornography, including material depicting penetrative sexual activity and gross assault involving children, and the objective seriousness and paramount need for general deterrence outweighed the mitigating effect of his plea, good character, psychiatric evidence and prospects of rehabilitation. His mental condition was given limited weight because he was highly legally qualified, continued to function in a senior prosecutorial role, and knew what he was doing and that it was unlawful. A 16.5% discount for the guilty plea reduced an otherwise appropriate sentence of 18 months...

Court Disposition

Convicted and sentenced to full-time imprisonment.

Orders

  • ['The accused is convicted.' 'The accused is sentenced to a term of imprisonment consisting of a non-parole period of eight months and a total term of fifteen months.' 'The sentence is to commence forthwith.' 'The non-parole period will expire on 8th January 2008.' 'The balance of the sentence will expire on 8th...