R v Lozinski [2022] NSWDC 487

R v Lozinski [2022] NSWDC 487

The offence was proved but, having regard to the offender's otherwise good character, age, mental health, remorse, cooperation, early plea, low risk of reoffending, rehabilitation, hardship to his mother, and the very low objective seriousness of a short, reckless communication involving no actual children, images, dissemination, network or further offending, it was inexpedient to inflict any punishment other than nominal punishment and expedient to release him on probation under s19B(1)(d) of the Crimes Act 1914 (Cth).

Jurisdiction
Australia
Judgment Date
20 October 2022
Procedural Posture
Criminal Sentence / Sentence After Early Plea of Guilty
Outcome
Discharged without conviction pursuant to s19B(1)(d) of the Crimes Act 1914 (Cth).
Legal Topics
['use Carriage Service to Make Available Child Abuse Material' 'child Abuse Material' 'discharge Without Conviction' 'general Deterrence' 'rehabilitation' 'plea of Guilty']
['criminal Law' 'sentencing' 'commonwealth Offences'] ['use Carriage Service to Make Available Child Abuse Material' 'child Abuse Material' 'discharge Without Conviction' 'general Deterrence' 'rehabilitation' 'plea of Guilty']

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Procedural Posture

Criminal Sentence / Sentence After Early Plea of Guilty

Legal Issues

  1. 1 ['What sentence should be imposed for an offence under s474.22(1) of the Criminal Code Act 1995 (Cth) involving making child abuse material available using a carriage service.' 'Whether the offender should be discharged without conviction under s19B(1)(d) of the Crimes Act 1914 (Cth).' 'Whether the offence was at the very low end of objective seriousness and whether it was inexpedient to inflict punishment other than nominal punishment.' "The weight to be given to general deterrence, rehabilitation, remorse, cooperation, prior good character, and hardship to the offender's mother."]

Ratio Decidendi

The offence was proved but, having regard to the offender's otherwise good character, age, mental health, remorse, cooperation, early plea, low risk of reoffending, rehabilitation, hardship to his mother, and the very low objective seriousness of a short, reckless communication involving no actual children, images, dissemination, network or further offending, it was inexpedient to inflict any punishment other than nominal punishment and expedient to release him on probation under s19B(1)(d) of the Crimes Act 1914 (Cth).

Court Disposition

Discharged without conviction pursuant to s19B(1)(d) of the Crimes Act 1914 (Cth).

Orders

  • ['In respect of the offence pursuant to s474.22(1) of the Criminal Code 1995 (Cth) that on or about 4 December 2020 at Surry Hills, NSW, the offender did make available material, using a carriage service, the material being child abuse material, the offender was discharged pursuant to s19B(1)(d) of the Crimes Act...