R v Selby [2022] NSWDC 583

R v Selby [2022] NSWDC 583

Aggregate sentence of 4 years imprisonment with non-parole period of 2 years imposed; full-time custody required due to seriousness, harm, and prevalence; mitigating factors (remorse, mental health, history of abuse, early guilty plea) considered for special circumstances and reduction in statutory ratio; ICO not appropriate due to seriousness and range of offences.

Jurisdiction
Australia
Judgment Date
24 November 2022
Procedural Posture
Criminal / Sentencing
Outcome
convicted and sentenced to imprisonment
Legal Topics
['child Abuse Material' 'child Pornography' 'sentencing' 'possession' 'transmission' 'solicitation' 'production' 'use Carriage Service' 'deterrence' 'rehabilitation']
['criminal Law'] ['child Abuse Material' 'child Pornography' 'sentencing' 'possession' 'transmission' 'solicitation' 'production' 'use Carriage Service' 'deterrence' 'rehabilitation']

Case Brief

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Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 ['Appropriate sentencing for offences involving child abuse material and child pornography' 'Availability of Intensive Correction Order' 'Assessment of objective seriousness and culpability for each offence' 'Effect of mitigating and aggravating factors on sentence' 'Application of the principle of totality and utilitarian discount']

Ratio Decidendi

Aggregate sentence of 4 years imprisonment with non-parole period of 2 years imposed; full-time custody required due to seriousness, harm, and prevalence; mitigating factors (remorse, mental health, history of abuse, early guilty plea) considered for special circumstances and reduction in statutory ratio; ICO not appropriate due to seriousness and range of offences.

Court Disposition

convicted and sentenced to imprisonment

Orders

  • ['Convicted of eight offences under Criminal Code (Cth) as detailed in judgment, including possession, access, transmission, solicitation, and production of child abuse material.' 'Aggregate sentence of 4 years imprisonment with non-parole period of 2 years commencing 13 October 2022, expiring 12 October 2024;...