R v STOPPS [2024] NSWDC 582

R v STOPPS [2024] NSWDC 582

Given the circumstances, including the volume and nature of material accessed and possessed, the seriousness of the offences, and the offender's subjective features, a full-time custodial sentence is appropriate. Indicative sentences are 3 years imprisonment for the access offence and 18 months for the possession offence, to be served as an aggregate sentence of 3 years and 2 months with a non-parole period of 1 year and 10 months. Forfeiture of the seized phone is also ordered.

Parties
Prosecutor: Rex; Offender: Jye Stopps
Jurisdiction
Australia
Judgment Date
10 December 2024
Procedural Posture
Criminal / Sentencing
Outcome
Offender convicted on both offences and sentenced to 3 years and 2 months imprisonment from 16 January 2024 with a non-parole period of 1 year and 10 months. Eligible for parole on 15 November 2025. Forfeiture of seized phone ordered.
Legal Topics
Sentencing, Commonwealth Offences, Child Abuse Material, Use of Carriage Service, Imprisonment, Remorse, Forfeiture Order
Criminal Law Sentencing Commonwealth Offences Child Abuse Material Use of Carriage Service Imprisonment Remorse Forfeiture Order

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Parties

Rex

Prosecutor

Jye Stopps

Offender

Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 Appropriate sentence for accessing child abuse material using a carriage service
  2. 2 Appropriate sentence for possessing child abuse material using a carriage service
  3. 3 Assessment of objective and subjective seriousness for each offence

Ratio Decidendi

Given the circumstances, including the volume and nature of material accessed and possessed, the seriousness of the offences, and the offender's subjective features, a full-time custodial sentence is appropriate. Indicative sentences are 3 years imprisonment for the access offence and 18 months for the possession offence, to be served as an aggregate sentence of 3 years and 2 months with a non-parole period of 1 year and 10 months. Forfeiture of the seized phone is also ordered.

Court Disposition

Offender convicted on both offences and sentenced to 3 years and 2 months imprisonment from 16 January 2024 with a non-parole period of 1 year and 10 months. Eligible for parole on 15 November 2025. Forfeiture of seized phone ordered.

Orders

  • Aggregate sentence of imprisonment of 3 years and 2 months from 16 January 2024 with a non-parole period of 1 year and 10 months
  • Offender eligible for release to parole on 15 November 2025