R v Reynolds [2023] NSWDC 152

R v Reynolds [2023] NSWDC 152

Given the objective seriousness of the offending, including the transmission and possession of large volumes of material depicting child abuse, use of sophisticated methods of concealment, and the necessity of a strong message of general deterrence, along with the subjective circumstances including mental health conditions, genuine remorse, early guilty pleas and progress in rehabilitation, a fulltime custodial sentence is the only appropriate penalty. The sentence imposed balances these considerations, applying statutory requirements and affording appropriate discount for the plea and subjective factors.

Parties
Crown: Commonwealth Director of Public Prosecutions; Offender: Cody Michael Reynolds
Jurisdiction
Australia
Judgment Date
11 May 2023
Procedural Posture
Criminal / Sentence
Outcome
Conviction and fulltime custodial sentence with recognizance release order.
Legal Topics
Child Abuse Material, Use Carriage Service to Transmit/publish/promote Child Abuse, Possess/control Child Abuse Material, Sentencing
Criminal Law Child Abuse Material Use Carriage Service to Transmit/publish/promote Child Abuse Possess/control Child Abuse Material Sentencing

Case Brief

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Parties

Commonwealth Director of Public Prosecutions

Crown

Cody Michael Reynolds

Offender

Procedural Posture

Criminal / Sentence

Legal Issues

  1. 1 Appropriate sentence for using a carriage service to transmit child abuse material and possessing or controlling child abuse material using a carriage service; assessment of objective and subjective seriousness; application of sentencing principles including general and specific deterrence, denunciation, rehabilitation, extra-curial punishment, and impact of mental health diagnoses

Ratio Decidendi

Given the objective seriousness of the offending, including the transmission and possession of large volumes of material depicting child abuse, use of sophisticated methods of concealment, and the necessity of a strong message of general deterrence, along with the subjective circumstances including mental health conditions, genuine remorse, early guilty pleas and progress in rehabilitation, a fulltime custodial sentence is the only appropriate penalty. The sentence imposed balances these considerations, applying statutory requirements and affording appropriate discount for the plea and subjective factors.

Court Disposition

Conviction and fulltime custodial sentence with recognizance release order.

Orders

  • Convicted on Sequence 1 (s474.22(1) Criminal Code Act 1995 (Cth)), sentenced to 4 months imprisonment.
  • Convicted on Sequence 3 (s474.22A(1) Criminal Code Act 1995 (Cth)), sentenced to 2 years 8 months imprisonment.