R v WB [2019] NSWDC 898

R v WB [2019] NSWDC 898

The gravity of the offending, including access to child pornography via a carriage service and failure to comply with reporting obligations while being a registered child sex offender, calls for stern sentences. Previous sexual offending against children, quantity and nature of accessed material, and need for deterrence and rehabilitation justify full-time custodial sentences followed by supervision and treatment conditions. Early guilty plea warrants a 25% reduction on sentences.

Parties
Prosecutor: Regina (Crown); Offender: WB [identity suppressed]
Jurisdiction
Australia
Judgment Date
28 November 2019
Procedural Posture
Criminal / Sentencing
Outcome
convicted and sentenced to full-time custodial sentence with recognisance release order and forfeiture of seized item
Legal Topics
Sentencing, Child Pornography, Failure to Comply With Reporting Obligations, Use Carriage Service to Access Child Pornography
Criminal Law Sentencing Child Pornography Failure to Comply With Reporting Obligations Use Carriage Service to Access Child Pornography

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Parties

Regina (Crown)

Prosecutor

WB [identity suppressed]

Offender

Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 Appropriate sentence for use of carriage service to access child pornography
  2. 2 Appropriate sentence for failure to comply with reporting obligations under Child Protection (Offenders Registration) Act 2000 (NSW)

Ratio Decidendi

The gravity of the offending, including access to child pornography via a carriage service and failure to comply with reporting obligations while being a registered child sex offender, calls for stern sentences. Previous sexual offending against children, quantity and nature of accessed material, and need for deterrence and rehabilitation justify full-time custodial sentences followed by supervision and treatment conditions. Early guilty plea warrants a 25% reduction on sentences.

Court Disposition

convicted and sentenced to full-time custodial sentence with recognisance release order and forfeiture of seized item

Orders

  • Aggregate sentence for State offences (sequences 1 and 9) of 24 months imprisonment, commencing 28 June 2018 and expiring 27 June 2020.
  • Non-parole period of 16 months for State offences, commenced 28 June 2018 and expired 27 October 2019.