R v Sekulic [2020] NSWDC 209

R v Sekulic [2020] NSWDC 209

The offender was sentenced to two terms of imprisonment: 20 months with a 10-month non-parole period for the NSW offence of possessing child abuse material, and 12 months for the Commonwealth offence of using a carriage service to make available child pornography material, with release after 7 months on a recognisance, due to his early guilty plea, remorse, mental health issues that contributed to offending, and low risk of re-offending. Special circumstances were found, justifying an effective non-parole period of 11 months.

Parties
Prosecution: Regina (Crown); Offender: Sasa Sekulic
Jurisdiction
Australia
Judgment Date
21 February 2020
Procedural Posture
Criminal / Sentencing
Outcome
Sentenced to imprisonment with non-parole period and conditional release; forfeiture orders made.
Legal Topics
Sentencing, Child Abuse Material, Rehabilitation, Mental Illness, Mitigating Factors, Deterrence
Criminal Law Sentencing Child Abuse Material Rehabilitation Mental Illness Mitigating Factors Deterrence

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Parties

Regina (Crown)

Prosecution

Sasa Sekulic

Offender

Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 What is the appropriate sentence for possession of child abuse material and use of a carriage service to make available child pornography material by the offender?
  2. 2 What weight should be given to mitigating factors such as remorse, rehabilitation prospects, and mental illness?
  3. 3 To what extent are special circumstances for sentencing established due to the offender's mental health and risk of re-offending?

Ratio Decidendi

The offender was sentenced to two terms of imprisonment: 20 months with a 10-month non-parole period for the NSW offence of possessing child abuse material, and 12 months for the Commonwealth offence of using a carriage service to make available child pornography material, with release after 7 months on a recognisance, due to his early guilty plea, remorse, mental health issues that contributed to offending, and low risk of re-offending. Special circumstances were found, justifying an effective non-parole period of 11 months.

Court Disposition

Sentenced to imprisonment with non-parole period and conditional release; forfeiture orders made.

Orders

  • The offender is convicted of the NSW offence and sentenced to 20 months imprisonment commencing 20 March 2020 with a 10-month non-parole period expiring 20 January 2021.
  • Special circumstances found for the NSW offence.