CDPP v Michael Patrick LE GAY BRERETON [2025] NSWDC 46

CDPP v Michael Patrick LE GAY BRERETON [2025] NSWDC 46

Given Parliament's policy to criminalise possession of child-like sex dolls to address the objectification of children, the objective seriousness of this case, and the need for denunciation and general deterrence, a term of imprisonment is appropriate. However, in view of the offender’s lack of previous similar offending, family support, rehabilitation prospects, and compliance with bail conditions, release on recognisance is justified.

Parties
Prosecution: Rex (Cth) (Crown); Offender: Michael Patrick LE GAY BRERETON
Jurisdiction
Australia
Judgment Date
07 March 2025
Procedural Posture
Criminal / Sentencing After Conviction by Jury
Outcome
Conviction; imprisonment with release on recognisance
Legal Topics
Child Like Sex Dolls, Possession of Prohibited Items, Sentencing, Commonwealth Criminal Offences
Criminal Law Child Like Sex Dolls Possession of Prohibited Items Sentencing Commonwealth Criminal Offences

Case Brief

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Parties

Rex (Cth) (Crown)

Prosecution

Michael Patrick LE GAY BRERETON

Offender

Procedural Posture

Criminal / Sentencing After Conviction by Jury

Legal Issues

  1. 1 Appropriate sentence for possession of a child-like sex doll contrary to s 273A of the Criminal Code 1995 (Cth)
  2. 2 Whether circumstances warrant release on recognisance
  3. 3 Objective seriousness and moral culpability assessment

Ratio Decidendi

Given Parliament's policy to criminalise possession of child-like sex dolls to address the objectification of children, the objective seriousness of this case, and the need for denunciation and general deterrence, a term of imprisonment is appropriate. However, in view of the offender’s lack of previous similar offending, family support, rehabilitation prospects, and compliance with bail conditions, release on recognisance is justified.

Court Disposition

Conviction; imprisonment with release on recognisance

Orders

  • The offender Michael Patrick LE GAY BRERETON is convicted.
  • A term of imprisonment of 2 years from 5 September 2024 to 4 September 2026 is imposed.