R v Castellarin [2021] NSWDC 571

R v Castellarin [2021] NSWDC 571

The offending was serious and objectively grave because the offender intentionally accessed and downloaded a large amount of child abuse material, comprising 24 videos and 1,183 images, over about four hours; the material depicted actual children, including very young children, involved in or witnessing sexual activity; the offender used a tor browser to conceal and make difficult to trace the downloading; and the material was accessed for his own sexual gratification and left on the work computer overnight. Although the offender pleaded guilty at the earliest opportunity, had some contrition, had health issues, family support and reasonable prospects of rehabilitation, the need for...

Jurisdiction
Australia
Judgment Date
22 October 2021
Procedural Posture
Criminal Sentence / Sentence Hearing Following Guilty Plea
Outcome
Full-time custodial sentence imposed with release after nine months on a recognizance release order.
Legal Topics
['use Carriage Service to Access Child Pornography Material' 'child Abuse Material' 'general Deterrence' 'specific Deterrence' 'recognizance Release Order']
['criminal Law' 'sentencing' 'commonwealth Criminal Law'] ['use Carriage Service to Access Child Pornography Material' 'child Abuse Material' 'general Deterrence' 'specific Deterrence' 'recognizance Release Order']

Case Brief

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Procedural Posture

Criminal Sentence / Sentence Hearing Following Guilty Plea

Legal Issues

  1. 1 ['What sentence should be imposed for using a carriage service to access child pornography material contrary to s 474.19(1) of the Criminal Code Act 1995 (Cth).' 'Whether the offending was objectively serious, including whether it involved sophistication, planning and access for sexual gratification.' "What weight should be given to the offender's guilty plea, contrition, health, risk of reoffending and prospects of rehabilitation." 'Whether any sentence other than imprisonment was appropriate under s 17A of the Crimes Act 1914 (Cth).' 'Whether the offender should be released under a recognizance release order under s 20(1)(b) of the Crimes Act 1914 (Cth).']

Ratio Decidendi

The offending was serious and objectively grave because the offender intentionally accessed and downloaded a large amount of child abuse material, comprising 24 videos and 1,183 images, over about four hours; the material depicted actual children, including very young children, involved in or witnessing sexual activity; the offender used a tor browser to conceal and make difficult to trace the downloading; and the material was accessed for his own sexual gratification and left on the work computer overnight. Although the offender pleaded guilty at the earliest opportunity, had some contrition, had health issues, family support and reasonable prospects of rehabilitation, the need for...

Court Disposition

Full-time custodial sentence imposed with release after nine months on a recognizance release order.

Orders

  • ['The offender is convicted of the offence of use carriage service to access child pornography material, pursuant to s 474.19(1) of the Criminal Code 1995 (Cth).' 'The offender is sentenced to a term of imprisonment of 18 months, to commence on 22 October 2021.' 'A recognizance release order is made pursuant to s...