R v Hitchen [2009] NSWDC 431

R v Hitchen [2009] NSWDC 431

The seriousness, duration and frequency of the offending, the victim's very young age and vulnerability, the offender's breach of trust, the creation and transmission of child pornography, and the need for punishment and general deterrence required full-time imprisonment. Charges 3, 4, 5 and 6 were found to fall within the worst category of their respective offences, while charges 1 and 2 were mid-range. Special circumstances were not found. To reflect the distinct criminality and totality, charges 4, 5 and 6 were accumulated, while charges 1, 2 and 3 were made concurrent, resulting in a total term of 24 years with a non-parole period of 18 years.

Jurisdiction
Australia
Judgment Date
08 April 2009
Procedural Posture
Criminal Sentencing / Sentence Following Early Guilty Pleas
Outcome
The offender was convicted on all six charges and sentenced to a total term of imprisonment of 24 years with a non-parole period of 18 years. The judgment is marked in the text as set aside by appeal.
Legal Topics
['use Carriage Service to Transmit Child Pornography' 'use Carriage Service to Access Child Pornography' 'possession of Child Pornography' 'persistent Sexual Abuse of a Child' 'use Child Under 14 Years for Pornographic Purposes' 'accumulation of Sentences' 'special Circumstances' 'totality']
['criminal Law' 'sentencing'] ['use Carriage Service to Transmit Child Pornography' 'use Carriage Service to Access Child Pornography' 'possession of Child Pornography' 'persistent Sexual Abuse of a Child' 'use Child Under 14 Years for Pornographic Purposes' 'accumulation of Sentences' 'special Circumstances' 'totality']

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Procedural Posture

Criminal Sentencing / Sentence Following Early Guilty Pleas

Legal Issues

  1. 1 ['What sentences should be imposed for the six charges to which the offender pleaded guilty.' 'Whether the offences fell within the mid-range or worst category of offending.' 'Whether special circumstances should be found on the basis of rehabilitation.' 'Whether sentences for the principal charges should be accumulated or imposed concurrently.' "What discount should be allowed for the offender's early guilty pleas."]

Ratio Decidendi

The seriousness, duration and frequency of the offending, the victim's very young age and vulnerability, the offender's breach of trust, the creation and transmission of child pornography, and the need for punishment and general deterrence required full-time imprisonment. Charges 3, 4, 5 and 6 were found to fall within the worst category of their respective offences, while charges 1 and 2 were mid-range. Special circumstances were not found. To reflect the distinct criminality and totality, charges 4, 5 and 6 were accumulated, while charges 1, 2 and 3 were made concurrent, resulting in a total term of 24 years with a non-parole period of 18 years.

Court Disposition

The offender was convicted on all six charges and sentenced to a total term of imprisonment of 24 years with a non-parole period of 18 years. The judgment is marked in the text as set aside by appeal.

Orders

  • ['On Charge 1, convicted and sentenced to a non-parole period of 3 years and a total term of 4 years, both to date from 5 December 2007.' 'On Charge 2, convicted and sentenced to a non-parole period of 3 years and a total term of 4 years, both to date from 5 December 2007.' 'On Charge 3, convicted and sentenced to a...