R v SW [2008] NSWDC 148

R v SW [2008] NSWDC 148

The offender's offences required full-time imprisonment because they involved planned and sustained accessing, possession, transmission and uploading of child pornography, including graphic and degrading material involving very young children, and general deterrence, punishment and denunciation were paramount. The offences were assessed as between low and mid range objective seriousness rather than high range, because the offender was not charged with creating pornography or commercial trading and the uncharged videos of girls known to him could not be treated as aggravating factors. The guilty pleas, remorse, lack of prior convictions, health problems, family support, low assessed risk...

Jurisdiction
Australia
Judgment Date
20 June 2008
Procedural Posture
Criminal Sentencing / Sentence After Pleas of Guilty
Outcome
The offender was sentenced to imprisonment on all three charges, two further offences commenced out of time were dismissed, and a forfeiture order was made in relation to the computer hard drive and disks.
Legal Topics
['use Carriage Service to Transmit Child Pornography Material' 'use Carriage Service to Access Child Pornography Material' 'possession of Child Pornography' 'commonwealth and State Sentencing' 'general Deterrence' 'non Parole Period' 'forfeiture']
['criminal Law' 'sentencing'] ['use Carriage Service to Transmit Child Pornography Material' 'use Carriage Service to Access Child Pornography Material' 'possession of Child Pornography' 'commonwealth and State Sentencing' 'general Deterrence' 'non Parole Period' 'forfeiture']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Criminal Sentencing / Sentence After Pleas of Guilty

Legal Issues

  1. 1 ['What sentences should be imposed for the Commonwealth offences of using a carriage service to transmit and access child pornography material and the State offence of possessing child pornography.' 'How to assess objective seriousness where the offender possessed a large quantity of child pornography, transmitted and uploaded material, but was not charged with creating pornography or commercial trading.' 'How to apply Commonwealth and State sentencing provisions in a mixed-jurisdiction sentencing exercise involving multiple offences.' 'Whether special circumstances justified varying the usual non-parole ratio.' "What weight should be given to the offender's guilty plea, remorse, lack of prior convictions, former police status, depression, health problems, risk of re-offending and prospects of rehabilitation."]

Ratio Decidendi

The offender's offences required full-time imprisonment because they involved planned and sustained accessing, possession, transmission and uploading of child pornography, including graphic and degrading material involving very young children, and general deterrence, punishment and denunciation were paramount. The offences were assessed as between low and mid range objective seriousness rather than high range, because the offender was not charged with creating pornography or commercial trading and the uncharged videos of girls known to him could not be treated as aggravating factors. The guilty pleas, remorse, lack of prior convictions, health problems, family support, low assessed risk...

Court Disposition

The offender was sentenced to imprisonment on all three charges, two further offences commenced out of time were dismissed, and a forfeiture order was made in relation to the computer hard drive and disks.

Orders

  • ['Charge 1: Use Carriage Service to Transmit Child Pornography Material Section 474.19 Criminal Code Act 1995: sentenced to imprisonment for 2 and 1/2 years commencing 16 June 2008 and expiring 15 December 2010.' 'Charge 2: Use Carriage Service to Access Child Pornography Material Section 474.19 Criminal Code Act...