R v FORREST, David Michael [2017] NSWDC 241

R v FORREST, David Michael [2017] NSWDC 241

The offender's intellectual impairment, social isolation, and vulnerability in custody substantially reduce his moral culpability. General deterrence is not given considerable weight. The aggregate sentence for all offences will not exceed two years’ imprisonment with possibility of an Intensive Correction Order, given personal circumstances and prospects of rehabilitation, although the offences are serious and would otherwise attract lengthy custodial sentences.

Parties
Prosecutor: Regina (Crown); Defendant: David Michael Forrest
Jurisdiction
Australia
Judgment Date
07 April 2017
Procedural Posture
Criminal / Sentencing
Outcome
Full-time custodial sentence imposed, with referral for assessment for Intensive Correction Order; total sentence not to exceed two years' imprisonment.
Legal Topics
Sentencing, Child Abuse Material, Use Carriage Service to Transmit Indecent Material, Possession of Child Abuse Material, Intellectual Disability and Criminal Responsibility
Criminal Law Sentencing Child Abuse Material Use Carriage Service to Transmit Indecent Material Possession of Child Abuse Material Intellectual Disability and Criminal Responsibility

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 5 Authorities cited 22 Party arguments 2 Amounts and remedies 8
Sign in to unlock

Parties

Regina (Crown)

Prosecutor

David Michael Forrest

Defendant

Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 What is the appropriate sentence for multiple offences involving use of carriage service to transmit indecent and child abuse material to persons under 16 years and possession of child abuse material, considering the offender’s intellectual disabilities?
  2. 2 How should intellectual impairment and personal circumstances impact moral culpability and weight given to general deterrence and other sentencing principles?
  3. 3 Should full-time custodial sentence be imposed or an Intensive Correction Order considered?

Ratio Decidendi

The offender's intellectual impairment, social isolation, and vulnerability in custody substantially reduce his moral culpability. General deterrence is not given considerable weight. The aggregate sentence for all offences will not exceed two years’ imprisonment with possibility of an Intensive Correction Order, given personal circumstances and prospects of rehabilitation, although the offences are serious and would otherwise attract lengthy custodial sentences.

Court Disposition

Full-time custodial sentence imposed, with referral for assessment for Intensive Correction Order; total sentence not to exceed two years' imprisonment.

Orders

  • Offender to be referred for assessment as to suitability for intensive correction order.
  • Preparation of an assessment report ordered.