R v BH [2019] NSWDC 924

R v BH [2019] NSWDC 924

The Commonwealth offence was the more serious offence and was objectively just below the middle range, while the State possession offence was at the lower end because it involved two CETS 1 images of one child with no sexual activity. The offender received a 10 percent guilty plea discount because the pleas were not entered at the earliest opportunity. Although the Court accepted contrition and the psychological diagnoses on the balance of probabilities, those matters only modestly reduced moral culpability and did not displace the need for significant general and specific deterrence. The offender's rehabilitation prospects were only fair and guarded, depending on engagement with...

Jurisdiction
Australia
Judgment Date
22 November 2019
Procedural Posture
Criminal Sentencing for Child Sex Offences / Sentence After Pleas of Guilty and Conviction
Outcome
The offender was convicted of both offences. For the Commonwealth offence, he was sentenced to imprisonment for two years six months and released forthwith on recognizance under s 20(1)(b) Crimes Act 1914 (Cth). For the State offence, he was ordered to comply with a two year community correction order.
Legal Topics
['using a Carriage Service to Solicit Child Pornography Material' 'possession of Child Abuse Material' 'commonwealth and State Offences' 'guilty Plea Discount' 'general and Specific Deterrence' 'community Correction Order' 'recognizance Release']
['criminal Law' 'sentencing'] ['using a Carriage Service to Solicit Child Pornography Material' 'possession of Child Abuse Material' 'commonwealth and State Offences' 'guilty Plea Discount' 'general and Specific Deterrence' 'community Correction Order' 'recognizance Release']

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Procedural Posture

Criminal Sentencing for Child Sex Offences / Sentence After Pleas of Guilty and Conviction

Legal Issues

  1. 1 ['What sentence should be imposed for using a carriage service to solicit child pornography material contrary to s 474.19(1)(a)(iv) Criminal Code 1995 (Cth).' 'What sentence should be imposed for possession of child abuse material contrary to s 91H(2) Crimes Act 1900 (NSW).' "What utilitarian discount should be allowed for the offender's guilty pleas." "How the offender's subjective circumstances, contrition, mental condition, prospects of rehabilitation, and the need for general and specific deterrence should affect sentence."]

Ratio Decidendi

The Commonwealth offence was the more serious offence and was objectively just below the middle range, while the State possession offence was at the lower end because it involved two CETS 1 images of one child with no sexual activity. The offender received a 10 percent guilty plea discount because the pleas were not entered at the earliest opportunity. Although the Court accepted contrition and the psychological diagnoses on the balance of probabilities, those matters only modestly reduced moral culpability and did not displace the need for significant general and specific deterrence. The offender's rehabilitation prospects were only fair and guarded, depending on engagement with...

Court Disposition

The offender was convicted of both offences. For the Commonwealth offence, he was sentenced to imprisonment for two years six months and released forthwith on recognizance under s 20(1)(b) Crimes Act 1914 (Cth). For the State offence, he was ordered to comply with a two year community correction order.

Orders

  • ['For the s 474.19(1)(a)(iv) Criminal Code 1995 (Cth) offence, the offender was sentenced to imprisonment for two years six months, commencing on 22 November 2019.' 'Pursuant to s 20(1)(b) of the Crimes Act 1914 (Cth), the offender was released forthwith upon entering into a recognizance, self in the amount of...