R v Cemitis, Andrew [No 2] [2010] NSWDC 89

R v Cemitis, Andrew [No 2] [2010] NSWDC 89

Immediate imprisonment was required because the offender threatened a citizen arrester with a knife, committed serious voyeuristic privacy abuse of young teenage girls by filming them naked or changing without consent, possessed a substantial collection of child pornography for sexual use, had a prior sexual offending history, longstanding untreated deviant sexual behaviour, and was assessed as at high risk of re-offending. The guilty pleas attracted only a 10 percent discount because they were delayed and an application to withdraw them was made. Some accumulation and special circumstances were warranted to reflect totality, rehabilitation under supervision, and personal deterrence in...

Jurisdiction
Australia
Judgment Date
11 March 2010
Procedural Posture
Criminal Sentencing / Sentence After Pleas of Guilty
Outcome
Offender convicted and sentenced to terms of imprisonment, partly accumulated; leave granted for the charge of entering building or land with intent to commit an indictable offence to be dismissed.
Legal Topics
['producing Child Pornography' 'possessing Child Pornography' 'use or Threat to Use Offensive Weapon to Hinder Lawful Apprehension' 'filming for Indecent Purposes' 'guilty Plea Discount' 'special Circumstances' 'general and Personal Deterrence']
['criminal Law' 'sentencing'] ['producing Child Pornography' 'possessing Child Pornography' 'use or Threat to Use Offensive Weapon to Hinder Lawful Apprehension' 'filming for Indecent Purposes' 'guilty Plea Discount' 'special Circumstances' 'general and Personal Deterrence']

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Procedural Posture

Criminal Sentencing / Sentence After Pleas of Guilty

Legal Issues

  1. 1 ['What sentences should be imposed for threatening to use an offensive weapon to hinder lawful apprehension, producing child pornography, possessing child pornography, and filming for indecent purposes.' 'What discount should be allowed for the guilty pleas entered on the day of trial where an application to withdraw the pleas was later refused.' 'Whether special circumstances should be found in setting non-parole and balance of term periods.' 'How objective criminality, subjective circumstances, protection of the community, general deterrence, personal deterrence, rehabilitation prospects, totality and accumulation should affect sentence.']

Ratio Decidendi

Immediate imprisonment was required because the offender threatened a citizen arrester with a knife, committed serious voyeuristic privacy abuse of young teenage girls by filming them naked or changing without consent, possessed a substantial collection of child pornography for sexual use, had a prior sexual offending history, longstanding untreated deviant sexual behaviour, and was assessed as at high risk of re-offending. The guilty pleas attracted only a 10 percent discount because they were delayed and an application to withdraw them was made. Some accumulation and special circumstances were warranted to reflect totality, rehabilitation under supervision, and personal deterrence in...

Court Disposition

Offender convicted and sentenced to terms of imprisonment, partly accumulated; leave granted for the charge of entering building or land with intent to commit an indictable offence to be dismissed.

Orders

  • ['Count 1, threaten to use an offensive weapon with intent to hinder lawful apprehension: convicted and sentenced to a minimum term of 9 months commencing 23 January 2008 and expiring 22 October 2008, with a balance of term of 7 months expiring 22 May 2009.' 'Count 5, possess child pornography: convicted and...