R v Alderson [2019] NSWDC 500

R v Alderson [2019] NSWDC 500

Having regard to the objective seriousness of the offence, the offender's plea of guilty, remorse, cooperation with authorities, absence of criminal antecedents, engagement with psychological treatment and prospects of rehabilitation, the sentence is appropriately served by a Community Corrections Order for 18 months with conditions of participation in counselling and treatment as directed by Community Corrections. Forfeiture and destruction order is made in respect of two USBs used in the offending.

Parties
Prosecution: Regina; Offender: Simon Alderson
Jurisdiction
Australia
Judgment Date
12 April 2019
Procedural Posture
Criminal / Sentence
Outcome
Convicted and sentenced to a Community Corrections Order for 18 months.
Legal Topics
Sentence, Use of Carriage Service to Access Child Pornography, Forfeiture and Destruction Order, Community Corrections Order
Criminal Law Sentence Use of Carriage Service to Access Child Pornography Forfeiture and Destruction Order Community Corrections Order

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Parties

Regina

Prosecution

Simon Alderson

Offender

Procedural Posture

Criminal / Sentence

Legal Issues

  1. 1 Whether the sentence for use of carriage service to access child pornography should be custodial or non-custodial.
  2. 2 Appropriate considerations for sentencing such as deterrence, rehabilitation, and subjective circumstances of the offender.

Ratio Decidendi

Having regard to the objective seriousness of the offence, the offender's plea of guilty, remorse, cooperation with authorities, absence of criminal antecedents, engagement with psychological treatment and prospects of rehabilitation, the sentence is appropriately served by a Community Corrections Order for 18 months with conditions of participation in counselling and treatment as directed by Community Corrections. Forfeiture and destruction order is made in respect of two USBs used in the offending.

Court Disposition

Convicted and sentenced to a Community Corrections Order for 18 months.

Orders

  • Community Corrections Order for 18 months with supervision and treatment directions.
  • Forfeiture and destruction order for two USBs containing offending material.