DPP -v- Little [2008] NSWLC 19

DPP -v- Little [2008] NSWLC 19

Given the low number of images but the seriousness of their content, and noting the offender's lack of criminal history but limited weight given to prior good character, the objective criminality precludes disposal under s.10 of the Crimes (Sentencing Procedure) Act. A bond for good behaviour and a substantial fine are appropriate.

Jurisdiction
Australia
Judgment Date
14 November 2008
Procedural Posture
Criminal / Sentence
Outcome
conviction and non-custodial sentence
Legal Topics
['child Pornography' 'sentencing' 'possession of Child Pornography']
['criminal Law'] ['child Pornography' 'sentencing' 'possession of Child Pornography']

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Procedural Posture

Criminal / Sentence

Legal Issues

  1. 1 ['appropriate sentence for possession of child pornography with two images' 'application of sentencing principles to child pornography offences' 'mitigating and aggravating factors under Crimes (Sentencing Procedure) Act']

Ratio Decidendi

Given the low number of images but the seriousness of their content, and noting the offender's lack of criminal history but limited weight given to prior good character, the objective criminality precludes disposal under s.10 of the Crimes (Sentencing Procedure) Act. A bond for good behaviour and a substantial fine are appropriate.

Court Disposition

conviction and non-custodial sentence

Orders

  • ['Convicted.' 'Ordered to enter a bond pursuant to Section 9 of the Crimes (Sentencing Procedure) Act conditioned to be of good behaviour for 2 years and to appear for sentence if called upon during that period.' 'Fined $4,000.' 'Court costs $73.']