R v TELFER [2016] NSWDC 421

R v TELFER [2016] NSWDC 421

The sentence must reflect the gravity and persistent nature of the offending, with categorisation of seriousness just below mid-range due to absence of actual child victims and visual imagery but must provide sufficient deterrence and allow for rehabilitation. An aggregate non-parole period is appropriate to reflect totality for numerous offences with varied maximum penalties.

Jurisdiction
Australia
Judgment Date
16 September 2016
Procedural Posture
Criminal / Sentence
Outcome
Convicted on 26 counts; imprisoned for total 4 years 6 months, aggregate non-parole period 2 years 9 months; computers forfeited.
Legal Topics
['use of Carriage Service to Transmit Offensive Material' 'transmission of Child Pornography' 'grooming Offences' 'sentencing' 'totality Principle' 'aggregate Non Parole Period' 'role of Police Involvement' 'role of Commonwealth Prosecutor' 'consistency of Verdicts']
['criminal Law'] ['use of Carriage Service to Transmit Offensive Material' 'transmission of Child Pornography' 'grooming Offences' 'sentencing' 'totality Principle' 'aggregate Non Parole Period' 'role of Police Involvement' 'role of Commonwealth Prosecutor' 'consistency of Verdicts']

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Procedural Posture

Criminal / Sentence

Legal Issues

  1. 1 ['Appropriate sentence for multiple Commonwealth internet offences including transmission of offensive, indecent, and child pornography material' 'Application of sentencing principles including deterrence, totality, and rehabilitation' 'Assessment of seriousness of the various categories of offences' 'Relevance of police involvement in detecting offences' 'Degree of risk of reoffending and prospects of rehabilitation' 'Relevance of personal circumstances, prior good character and delay']

Ratio Decidendi

The sentence must reflect the gravity and persistent nature of the offending, with categorisation of seriousness just below mid-range due to absence of actual child victims and visual imagery but must provide sufficient deterrence and allow for rehabilitation. An aggregate non-parole period is appropriate to reflect totality for numerous offences with varied maximum penalties.

Court Disposition

Convicted on 26 counts; imprisoned for total 4 years 6 months, aggregate non-parole period 2 years 9 months; computers forfeited.

Orders

  • ['Convicted on 26 offences under Criminal Code 1995 (Cth) ss 474.17(1), 474.27(1), 474.19(1), 474.27A(1)' 'Imprisonment: various terms for each count, effective total 4 years 6 months' 'Aggregate non-parole period of 2 years 9 months, commencing 16 September 2016, eligible for parole 15 June 2019' 'Order for...