R v Jack [2013] NSWDC 171

R v Jack [2013] NSWDC 171

Given the substantial seriousness of the offences (possession, access, and dissemination of large amounts of child pornography and child abuse material) but not falling within the most serious category, and considering mitigating circumstances such as character and medical problems, and limited utilitarian discount for admission, the Court imposes a total sentence of three years and three months with a non-parole period of two years, making the offender eligible for release to parole on 1 May 2015.

Jurisdiction
Australia
Judgment Date
26 July 2013
Procedural Posture
Criminal / Sentence After Trial
Outcome
conviction and sentencing
Legal Topics
['child Pornography Offences' 'sentencing' 'carriage Service Offences' 'possession and Dissemination of Child Abuse Material']
['criminal Law'] ['child Pornography Offences' 'sentencing' 'carriage Service Offences' 'possession and Dissemination of Child Abuse Material']

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Procedural Posture

Criminal / Sentence After Trial

Legal Issues

  1. 1 ['sentencing for use of carriage service to access and make available child pornography material' 'sentencing for possession of child abuse material' 'determination of objective seriousness' 'consideration of aggravating and mitigating factors' 'assessment of non-parole period']

Ratio Decidendi

Given the substantial seriousness of the offences (possession, access, and dissemination of large amounts of child pornography and child abuse material) but not falling within the most serious category, and considering mitigating circumstances such as character and medical problems, and limited utilitarian discount for admission, the Court imposes a total sentence of three years and three months with a non-parole period of two years, making the offender eligible for release to parole on 1 May 2015.

Court Disposition

conviction and sentencing

Orders

  • ['The offender is convicted of each count.' 'Fixed term of imprisonment imposed: count one – twelve months from 2 May 2013 to 1 May 2014; count two – eighteen months from 2 November 2013 to 1 May 2015; count three – eighteen months from 2 May 2014 to 1 November 2015; count four – twenty-one months from 2 November...