R v Roberts [2019] NSWDC 282

R v Roberts [2019] NSWDC 282

The offences warranted full-time imprisonment because the offender willingly accessed, transmitted and possessed depraved child abuse material involving real children and babies, including category 4 and category 5 material, through online applications and chat groups. Although he pleaded guilty early, had no criminal history, co-operated to a degree, had support and had undertaken treatment, his limited insight, likely unacknowledged paedophilic tendency, risk of reoffending, and the need for general and specific deterrence, punishment and community protection required custodial sentences with partial accumulation, moderated by totality and a 25% guilty plea discount.

Jurisdiction
Australia
Judgment Date
29 April 2019
Procedural Posture
Criminal Sentence / Sentencing After Guilty Pleas to Three Commonwealth Offences and One State Offence
Outcome
The offender was convicted and sentenced to terms of imprisonment for all four offences, with a single non-parole period for the Commonwealth offences, and specified items were forfeited to the Commonwealth.
Legal Topics
['use Carriage Service to Transmit Child Pornography' 'use Carriage Service to Access Child Pornography' 'possession of Child Abuse Material' 'aggravated Commonwealth Child Pornography Offence' 'objective Seriousness' 'guilty Plea Discount' 'general and Specific Deterrence' 'totality' 'forfeiture']
['criminal Law' 'sentencing'] ['use Carriage Service to Transmit Child Pornography' 'use Carriage Service to Access Child Pornography' 'possession of Child Abuse Material' 'aggravated Commonwealth Child Pornography Offence' 'objective Seriousness' 'guilty Plea Discount' 'general and Specific Deterrence' 'totality' 'forfeiture']

Case Brief

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Procedural Posture

Criminal Sentence / Sentencing After Guilty Pleas to Three Commonwealth Offences and One State Offence

Legal Issues

  1. 1 ["What sentences should be imposed for the offender's four child pornography and child abuse material offences." 'The objective seriousness of each offence, including the nature and volume of material, CETS categories, number of victims, use of chat groups and dissemination.' "The weight to be given to the offender's early guilty pleas, lack of criminal history, asserted remorse, treatment, family support and risk of reoffending." 'Whether general deterrence, specific deterrence, punishment and community protection required full-time imprisonment.' 'How totality and partial accumulation should apply across the State and Commonwealth sentences.' 'Whether items used in connection with the offences should be forfeited to the Commonwealth.']

Ratio Decidendi

The offences warranted full-time imprisonment because the offender willingly accessed, transmitted and possessed depraved child abuse material involving real children and babies, including category 4 and category 5 material, through online applications and chat groups. Although he pleaded guilty early, had no criminal history, co-operated to a degree, had support and had undertaken treatment, his limited insight, likely unacknowledged paedophilic tendency, risk of reoffending, and the need for general and specific deterrence, punishment and community protection required custodial sentences with partial accumulation, moderated by totality and a 25% guilty plea discount.

Court Disposition

The offender was convicted and sentenced to terms of imprisonment for all four offences, with a single non-parole period for the Commonwealth offences, and specified items were forfeited to the Commonwealth.

Orders

  • ['In respect of the s 91H Crimes Act charge of possessing child pornography, the offender is convicted and sentenced to a fixed term of imprisonment of 18 months, to commence on 29 April 2019 and expiring on 28 October 2020.' 'In respect of s 474.19(1) charge under the Commonwealth Criminal Code of accessing child...