R v Jessop [2020] NSWDC 313

R v Jessop [2020] NSWDC 313

The offender's Commonwealth child pornography access offence was towards the bottom of the range of objective seriousness but required imprisonment because child pornography offences ordinarily call for immediate imprisonment and general deterrence is paramount. The State reporting offences were serious, particularly where they involved residing at an undeclared address where children lived and direct contact with those children, and the repeated failures to comply with reporting obligations required personal deterrence. The admitted breaches of the six good behaviour bonds warranted revocation and resentencing. Taking account of guilty plea discounts, mental health issues, special...

Jurisdiction
Australia
Judgment Date
01 May 2020
Procedural Posture
Criminal Sentence for Commonwealth and State Offences / Remarks on Sentence After Pleas of Guilty and Admitted Breaches of Good Behaviour Bonds
Outcome
Offender sentenced to a total effective head sentence of 1 year 8 months and a total effective pre-release period of 1 year 2 months.
Legal Topics
['use Carriage Service to Access Child Pornography Material' 'fail to Comply With Reporting Obligations' 'child Protection Register' 'breach of Good Behaviour Bonds' 'forfeiture']
['criminal Law' 'sentencing'] ['use Carriage Service to Access Child Pornography Material' 'fail to Comply With Reporting Obligations' 'child Protection Register' 'breach of Good Behaviour Bonds' 'forfeiture']

Case Brief

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Procedural Posture

Criminal Sentence for Commonwealth and State Offences / Remarks on Sentence After Pleas of Guilty and Admitted Breaches of Good Behaviour Bonds

Legal Issues

  1. 1 ['What sentences should be imposed for using a carriage service to access child pornography material and for State offences of failing to comply with reporting obligations.' "Whether the offender's admitted breaches of six good behaviour bonds should result in revocation and resentencing for the original offences." 'How to assess the objective seriousness of the Commonwealth child pornography access offence and the State reporting offences.' "What discount should be allowed for the offender's pleas of guilty." 'Whether imprisonment was the only appropriate penalty and how the principle of totality should affect the overall effective sentence.']

Ratio Decidendi

The offender's Commonwealth child pornography access offence was towards the bottom of the range of objective seriousness but required imprisonment because child pornography offences ordinarily call for immediate imprisonment and general deterrence is paramount. The State reporting offences were serious, particularly where they involved residing at an undeclared address where children lived and direct contact with those children, and the repeated failures to comply with reporting obligations required personal deterrence. The admitted breaches of the six good behaviour bonds warranted revocation and resentencing. Taking account of guilty plea discounts, mental health issues, special...

Court Disposition

Offender sentenced to a total effective head sentence of 1 year 8 months and a total effective pre-release period of 1 year 2 months.

Orders

  • ['The six s 9 good behaviour bonds imposed in the Manly Local Court on 22 November 2017 were revoked.' "For the six original Local Court offences of failing to comply with reporting obligations, the offender was resentenced to an aggregate sentence of 12 months' imprisonment with a non-parole period of 8 months,...