R v Dale [2022] NSWDC 272

R v Dale [2022] NSWDC 272

Full-time custody was required because the Commonwealth presumption of imprisonment was not rebutted and the offending involved repeated access to and production of child abuse material depicting real children over a period of years. Balancing the objective seriousness, need for denunciation and deterrence, the 25% reduction for the early guilty plea, the offender's age, health, intellectual deficits, COVID-19 custody conditions and rehabilitation needs, the court imposed a State sentence and an aggregate Commonwealth sentence producing a total effective sentence of two years and six months with a minimum term of one year and four months.

Jurisdiction
Australia
Judgment Date
01 February 2022
Procedural Posture
Criminal Sentencing for Child Abuse Material Offences / Sentence After Guilty Plea
Outcome
The offender was sentenced to imprisonment for a total effective sentence of two years and six months, with a minimum term of one year and four months and earliest release date of 25 May 2023; specified devices were forfeited to the Commonwealth.
Legal Topics
['produce Child Abuse Material' 'use Carriage Service to Access Child Abuse Material' 'possess Child Abuse Material' 'guilty Plea' 'state and Commonwealth Offences' 'general Deterrence' 'covid 19 Custody Conditions' 'forfeiture']
['criminal Law' 'sentencing'] ['produce Child Abuse Material' 'use Carriage Service to Access Child Abuse Material' 'possess Child Abuse Material' 'guilty Plea' 'state and Commonwealth Offences' 'general Deterrence' 'covid 19 Custody Conditions' 'forfeiture']

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Procedural Posture

Criminal Sentencing for Child Abuse Material Offences / Sentence After Guilty Plea

Legal Issues

  1. 1 ['What sentences should be imposed for four Commonwealth offences of using a carriage service to access child abuse material and one NSW offence of producing child abuse material.' 'How matters on s 16BA Crimes Act 1914 (Cth) schedules and a Form 1 matter should be taken into account.' "What weight should be given to the offender's early guilty plea, age, ill health, intellectual deficits, prospects of rehabilitation and likely custody conditions during the COVID-19 pandemic." 'Whether the Commonwealth presumption of imprisonment applied and was rebutted.']

Ratio Decidendi

Full-time custody was required because the Commonwealth presumption of imprisonment was not rebutted and the offending involved repeated access to and production of child abuse material depicting real children over a period of years. Balancing the objective seriousness, need for denunciation and deterrence, the 25% reduction for the early guilty plea, the offender's age, health, intellectual deficits, COVID-19 custody conditions and rehabilitation needs, the court imposed a State sentence and an aggregate Commonwealth sentence producing a total effective sentence of two years and six months with a minimum term of one year and four months.

Court Disposition

The offender was sentenced to imprisonment for a total effective sentence of two years and six months, with a minimum term of one year and four months and earliest release date of 25 May 2023; specified devices were forfeited to the Commonwealth.

Orders

  • ['For the NSW offence, sequence 23, taking into account the Form 1 matter sequence 17, the offender was sentenced to one year and one month commencing 26 January 2022, with a non-parole period of seven months expiring 25 August 2022.' 'The Commonwealth sentence was ordered to commence on 26 May 2022, after four...