R v Quinn [2018] NSWDC 362

R v Quinn [2018] NSWDC 362

The Commonwealth use carriage service offence and the possession offence warranted imprisonment, but their objective seriousness was below the mid-range and their overlapping criminality justified wholly or substantially concurrent sentences. The offender's guilty pleas, cooperation, lack of prior convictions, remorse, treatment engagement, reasonable rehabilitation prospects and mental condition mitigated sentence, but general deterrence and the seriousness of child abuse material offending required full-time custody for those offences. Special circumstances were warranted. For the production offence, the court was not satisfied that imprisonment was justified and imposed a good...

Jurisdiction
Australia
Judgment Date
18 May 2018
Procedural Posture
Criminal Sentencing / Sentence Following Guilty Pleas
Outcome
Offender convicted on each offence; concurrent imprisonment imposed for the possession and Commonwealth offences; good behaviour bond imposed for the production offence; special circumstances and forfeiture order made.
Legal Topics
['use Carriage Service to Access Child Pornography' 'possess Child Abuse Material' 'produce Child Abuse Material' 'commonwealth Offences' 'state Offences' 'child Abuse Material' 'objective Seriousness' 'general Deterrence' 'special Circumstances' 'guilty Plea Discount']
['criminal Law' 'sentencing'] ['use Carriage Service to Access Child Pornography' 'possess Child Abuse Material' 'produce Child Abuse Material' 'commonwealth Offences' 'state Offences' 'child Abuse Material' 'objective Seriousness' 'general Deterrence' 'special Circumstances' 'guilty Plea Discount']

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Procedural Posture

Criminal Sentencing / Sentence Following Guilty Pleas

Legal Issues

  1. 1 ['What sentences should be imposed for the Commonwealth offence of using a carriage service to access child pornography and the State offences of possessing and producing child abuse material.' 'Whether the offences warranted full-time imprisonment or an alternative sentencing disposition.' 'How totality, concurrency or accumulation should apply across the separate offences.' 'Whether special circumstances should be found for the State offence.']

Ratio Decidendi

The Commonwealth use carriage service offence and the possession offence warranted imprisonment, but their objective seriousness was below the mid-range and their overlapping criminality justified wholly or substantially concurrent sentences. The offender's guilty pleas, cooperation, lack of prior convictions, remorse, treatment engagement, reasonable rehabilitation prospects and mental condition mitigated sentence, but general deterrence and the seriousness of child abuse material offending required full-time custody for those offences. Special circumstances were warranted. For the production offence, the court was not satisfied that imprisonment was justified and imposed a good...

Court Disposition

Offender convicted on each offence; concurrent imprisonment imposed for the possession and Commonwealth offences; good behaviour bond imposed for the production offence; special circumstances and forfeiture order made.

Orders

  • ['In relation to each offence the offender is convicted.' 'For the possess child abuse material charge, a sentence of imprisonment of 15 months commencing on 18 May 2018 and expiring on 17 August 2019 was imposed.' 'For the possess child abuse material charge, a non-parole period of nine months expiring on 17...