R v DIEU, Jonathan [2017] NSWDC 375

R v DIEU, Jonathan [2017] NSWDC 375

Given the seriousness of the offences, but recognising the offender's youth, immaturity, depressive mental state, low risk of reoffending, contrition, supportive background, and ongoing rehabilitation, a custodial sentence is warranted but it should be served by way of an intensive correction order if the offender is assessed as suitable.

Jurisdiction
Australia
Judgment Date
20 September 2017
Procedural Posture
Criminal / Sentence
Outcome
Offender convicted on both counts; referred for assessment as to suitability for an Intensive Correction Order with term not to exceed two years.
Legal Topics
['sentencing' 'child Pornography Offences' 'intensive Correction Order' 'general Deterrence' 'offender Rehabilitation' 'totality of Sentencing']
['criminal Law'] ['sentencing' 'child Pornography Offences' 'intensive Correction Order' 'general Deterrence' 'offender Rehabilitation' 'totality of Sentencing']

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Procedural Posture

Criminal / Sentence

Legal Issues

  1. 1 ['Appropriate sentence for use of carriage service to access child pornography and possession of child abuse material by a young adult without prior criminal convictions' "Weight to be given to general deterrence and role of offender's mental state" "Consideration of offender's prospects of rehabilitation and totality of criminality in sentencing"]

Ratio Decidendi

Given the seriousness of the offences, but recognising the offender's youth, immaturity, depressive mental state, low risk of reoffending, contrition, supportive background, and ongoing rehabilitation, a custodial sentence is warranted but it should be served by way of an intensive correction order if the offender is assessed as suitable.

Court Disposition

Offender convicted on both counts; referred for assessment as to suitability for an Intensive Correction Order with term not to exceed two years.

Orders

  • ['Offender referred to NSW Community Corrections Service for assessment for Intensive Correction Order' 'Preparation of assessment report ordered, to be completed before 17 November 2017' 'Bail continued with condition to attend Community Corrections Service before 5pm on 27 September 2017' 'Matter adjourned to 17...