R (Cth) v Cole [2024] NSWDC 436

R (Cth) v Cole [2024] NSWDC 436

Exceptional circumstances were found in the offender's case, particularly the documented history of severe and longstanding mental health disorder (borderline personality disorder), history of trauma and deprivation materially contributing to the offending, evidence of manipulation and coercion by the co-offender, demonstrated remorse, and low risk of recidivism. The objective seriousness of the offences was below mid-range. Consequently, sentences of imprisonment were imposed for each count, but the offender was ordered to be released immediately upon recognizance with conditions for supervision, treatment, and abstinence, rather than serving actual full-time imprisonment.

Parties
Defendant: Joanne Cole; Prosecution: The Crown
Jurisdiction
Australia
Judgment Date
17 September 2024
Procedural Posture
Sentence / Sentencing Decision After Guilty Plea
Outcome
Conviction recorded, sentences of imprisonment imposed, offender released immediately upon recognizance with conditions, cumulative sentences reflecting totality principle.
Legal Topics
Sentencing, Child Abuse Material, Use of Carriage Service, Federal Offences, Mental Health and Sentencing
Criminal Law Sentencing Child Abuse Material Use of Carriage Service Federal Offences Mental Health and Sentencing

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Parties

Joanne Cole

Defendant

The Crown

Prosecution

Procedural Posture

Sentence / Sentencing Decision After Guilty Plea

Legal Issues

  1. 1 Appropriate sentence for Commonwealth offences involving use of carriage service to transmit and produce child abuse material
  2. 2 Objective seriousness of offences involving real child victims
  3. 3 Effect of mental health disorder on culpability and sentencing

Ratio Decidendi

Exceptional circumstances were found in the offender's case, particularly the documented history of severe and longstanding mental health disorder (borderline personality disorder), history of trauma and deprivation materially contributing to the offending, evidence of manipulation and coercion by the co-offender, demonstrated remorse, and low risk of recidivism. The objective seriousness of the offences was below mid-range. Consequently, sentences of imprisonment were imposed for each count, but the offender was ordered to be released immediately upon recognizance with conditions for supervision, treatment, and abstinence, rather than serving actual full-time imprisonment.

Court Disposition

Conviction recorded, sentences of imprisonment imposed, offender released immediately upon recognizance with conditions, cumulative sentences reflecting totality principle.

Orders

  • For Charge One: 2 years’ imprisonment commencing 17 September 2024.
  • For Charge Two: 2 years 2 months’ imprisonment commencing 17 November 2024.