R v Damaso [2022] NSWDC 473

R v Damaso [2022] NSWDC 473

The recording offence was just below mid-range objective seriousness and the distribution offence was mid-range because the offender told the victim the image was deleted, recovered it from deleted files and uploaded it to a public website for sexual gratification. Although the offender had prior indecency history and was assessed as at risk of reoffending, his guilty pleas, admissions and significant assistance to police justified a total 25% discount. The court found the s 5 imprisonment threshold was not met and that Community Correction Orders with supervision, treatment and community service conditions were appropriate.

Jurisdiction
Australia
Judgment Date
19 August 2022
Procedural Posture
Criminal Sentencing / Sentence Following Pleas of Guilty
Outcome
The offender was convicted of both offences and sentenced to Community Correction Orders.
Legal Topics
['record an Intimate Image Without Consent' 'distribute Intimate Image Without Consent' 'community Correction Order' 'guilty Plea Discount' 'assistance to Law Enforcement']
['criminal Law' 'sentencing'] ['record an Intimate Image Without Consent' 'distribute Intimate Image Without Consent' 'community Correction Order' 'guilty Plea Discount' 'assistance to Law Enforcement']

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 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Criminal Sentencing / Sentence Following Pleas of Guilty

Legal Issues

  1. 1 ['What sentence should be imposed for recording an intimate image without consent contrary to s 91P(1) of the Crimes Act and distributing an intimate image without consent contrary to s 91Q(1) of the Crimes Act.' 'The objective seriousness of each offence.' 'The appropriate discounts for the guilty pleas and assistance to law enforcement authorities.' 'Whether the threshold for imprisonment under s 5 of the Crimes (Sentencing Procedure) Act was met and whether Community Correction Orders were appropriate.']

Ratio Decidendi

The recording offence was just below mid-range objective seriousness and the distribution offence was mid-range because the offender told the victim the image was deleted, recovered it from deleted files and uploaded it to a public website for sexual gratification. Although the offender had prior indecency history and was assessed as at risk of reoffending, his guilty pleas, admissions and significant assistance to police justified a total 25% discount. The court found the s 5 imprisonment threshold was not met and that Community Correction Orders with supervision, treatment and community service conditions were appropriate.

Court Disposition

The offender was convicted of both offences and sentenced to Community Correction Orders.

Orders

  • ['For recording an intimate image without consent in breach of s 91P(1) of the Crimes Act, a Community Correction Order for two years commencing 19 August 2022 and expiring 18 August 2024, with standard conditions and a rehabilitation or treatment condition by way of supervision of Community Corrections, including...