R v Legallant [2019] NSWDC 227

R v Legallant [2019] NSWDC 227

Given the objective seriousness of both offences, the use of software to store or share child pornography, the images involving actual and very young children, the solicitation of depraved material, the need for general and personal deterrence, and the finding that no sentence other than full-time imprisonment was appropriate under s 17A, the offender was sentenced to an aggregate term of imprisonment. A 15% utilitarian discount was allowed for the guilty pleas, but rehabilitation prospects were assessed guardedly because the offender denied any sexual interest in children despite material inconsistent with that denial and had made only limited treatment progress.

Jurisdiction
Australia
Judgment Date
17 April 2019
Procedural Posture
Criminal Sentence / Sentence After Guilty Pleas
Outcome
The offender was sentenced to an aggregate term of imprisonment consisting of a head sentence of 3 years and 6 months with a non-parole period of 2 years and 3 months. Forfeiture order made by consent.
Legal Topics
['possess or Control Child Pornography Material for Use Through a Carriage Service' 'use Carriage Service to Solicit Child Pornography Material' 'general Deterrence' 'protection of Children' 'exploitation of Children' 'federal Offender Sentencing']
['criminal Law' 'sentencing'] ['possess or Control Child Pornography Material for Use Through a Carriage Service' 'use Carriage Service to Solicit Child Pornography Material' 'general Deterrence' 'protection of Children' 'exploitation of Children' 'federal Offender Sentencing']

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Procedural Posture

Criminal Sentence / Sentence After Guilty Pleas

Legal Issues

  1. 1 ['What sentence should be imposed for possessing or controlling child pornography material for use through a carriage service contrary to s 474.20(1) of the Commonwealth Criminal Code.' 'What sentence should be imposed for using a carriage service to solicit child pornography material contrary to s 474.19 subparagraph (1)(a)(iiii) of the Commonwealth Criminal Code.' 'Whether no sentence other than imprisonment was appropriate under s 17A of the Crimes Act.' "What utilitarian discount should be allowed for the offender's guilty pleas." "How the offender's personal circumstances, remorse, rehabilitation prospects and prior good character should affect sentence."]

Ratio Decidendi

Given the objective seriousness of both offences, the use of software to store or share child pornography, the images involving actual and very young children, the solicitation of depraved material, the need for general and personal deterrence, and the finding that no sentence other than full-time imprisonment was appropriate under s 17A, the offender was sentenced to an aggregate term of imprisonment. A 15% utilitarian discount was allowed for the guilty pleas, but rehabilitation prospects were assessed guardedly because the offender denied any sexual interest in children despite material inconsistent with that denial and had made only limited treatment progress.

Court Disposition

The offender was sentenced to an aggregate term of imprisonment consisting of a head sentence of 3 years and 6 months with a non-parole period of 2 years and 3 months. Forfeiture order made by consent.

Orders

  • ['The offender is sentenced to an aggregate sentence of 3 years and 6 months commencing on 17 April 2019 and expiring on 16 October 2022.' 'A non-parole period of 2 years and 3 months is fixed, with the earliest date of release to parole being 16 July 2021.' 'Forfeiture order made by consent.' 'Image samples are to...