R v CR [2019] NSWDC 884

R v CR [2019] NSWDC 884

The offender, having committed offences of producing, possessing, and using child abuse material—including images involving actual children and his own nieces—while subject to a bond for past like offending, is sentenced to an aggregate term of eight years imprisonment, with a non-parole period of five years (commencing 9 March 2017), taking into account the mid-range seriousness, psychiatric illness mitigating moral culpability to a limited extent, early guilty plea, and hardship to family, but declining to find special circumstances warranting reduction in the overall term.

Parties
Crown: Regina; Offender: CR
Jurisdiction
Australia
Judgment Date
03 December 2019
Procedural Posture
Criminal / Sentencing
Outcome
Full time custodial sentence imposed; aggregate eight years imprisonment with non-parole period of five years.
Legal Topics
Sentencing, Child Abuse Material, Hardship to Family, Aggravating and Mitigating Factors, Mental Illness, Drug Addiction
Criminal Law Sentencing Child Abuse Material Hardship to Family Aggravating and Mitigating Factors Mental Illness Drug Addiction

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 6 Authorities cited 13 Party arguments 2 Amounts and remedies 13
Sign in to unlock

Parties

Regina

Crown

CR

Offender

Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 Appropriate sentence for producing, possessing, and using child abuse material
  2. 2 Effect of psychiatric disorder and drug addiction on sentencing
  3. 3 Relevance of hardship to offender's family in sentencing

Ratio Decidendi

The offender, having committed offences of producing, possessing, and using child abuse material—including images involving actual children and his own nieces—while subject to a bond for past like offending, is sentenced to an aggregate term of eight years imprisonment, with a non-parole period of five years (commencing 9 March 2017), taking into account the mid-range seriousness, psychiatric illness mitigating moral culpability to a limited extent, early guilty plea, and hardship to family, but declining to find special circumstances warranting reduction in the overall term.

Court Disposition

Full time custodial sentence imposed; aggregate eight years imprisonment with non-parole period of five years.

Orders

  • Revocation of s12 bond and re-sentencing for 2009 offence (indicative six months imprisonment).
  • Aggregate term of imprisonment: eight years from 9 March 2017 to 8 March 2025.