R v Coker [2021] NSWDC 805

R v Coker [2021] NSWDC 805

Given the objective seriousness of the offences and legislative requirements, the defendant must serve a custodial sentence for possessing, transmitting, and accessing child abuse material using carriage services; mitigation factors warrant moderation but do not amount to exceptional circumstances permitting a non-custodial sentence under s 20(1)(b) Crimes Act.

Parties
Offender: Bevan Karl Coker; Prosecutor: Commonwealth Director of Public Prosecutions
Jurisdiction
Australia
Judgment Date
08 October 2021
Procedural Posture
Criminal Sentencing / Sentence Hearing and Orders
Outcome
convicted and sentenced to imprisonment with recognisance release order
Legal Topics
Child Abuse Material, Sentencing Guidelines, Drug Use and Mitigation, Recognisance Release Orders, COVID 19 Impacts on Sentencing
Criminal Law Child Abuse Material Sentencing Guidelines Drug Use and Mitigation Recognisance Release Orders COVID 19 Impacts on Sentencing

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Parties

Bevan Karl Coker

Offender

Commonwealth Director of Public Prosecutions

Prosecutor

Procedural Posture

Criminal Sentencing / Sentence Hearing and Orders

Legal Issues

  1. 1 Appropriate sentence for offences of possessing, transmitting, and accessing child abuse material using carriage services
  2. 2 Whether exceptional circumstances exist to allow moderation of full-time custodial sentence under amended s 20(1)(b) Crimes Act
  3. 3 Consideration of mitigation factors including drug use, remorse, rehabilitation, and pandemic effects

Ratio Decidendi

Given the objective seriousness of the offences and legislative requirements, the defendant must serve a custodial sentence for possessing, transmitting, and accessing child abuse material using carriage services; mitigation factors warrant moderation but do not amount to exceptional circumstances permitting a non-custodial sentence under s 20(1)(b) Crimes Act.

Court Disposition

convicted and sentenced to imprisonment with recognisance release order

Orders

  • Convicted of each offence.
  • In relation to Possess/control child abuse material-use carriage service: 1 year 6 months imprisonment.