R v Curle [2023] NSWDC 654

R v Curle [2023] NSWDC 654

Given the seriousness of the offender's conduct involving a large quantity of depraved child abuse material, purpose for sexual gratification and dissemination, and in the absence of exceptional circumstances, no sentence other than imprisonment is appropriate. The offender's moral culpability is reduced to some extent by reason of his background and paraphilic disorder, but not sufficiently to warrant release without a custodial component. The need for both general and specific deterrence remains paramount.

Parties
Offender: Robert Curle; The Crown: Commonwealth Director of Public Prosecutions
Jurisdiction
Australia
Judgment Date
09 June 2023
Procedural Posture
Criminal / Sentencing
Outcome
Convictions recorded on three counts; aggregate sentence of imprisonment of 24, 20, and 20 months (partially accumulated); recognizance release order made after 21 months custody with 18 months supervision; forfeiture of devices.
Legal Topics
Sentencing, Offence Under the Criminal Code Act 1995 (cth), S 474.22(1), S 474.22 A(1), Use a Carriage Service to Access Child Abuse Material, Use a Carriage Service to Transmit Child Abuse Material, Possess Child Abuse Material Obtained Using a Carriage Service, Bugmy Considerations, Rehabilitation, Recognizance Release Order
Crime Sentencing Offence Under the Criminal Code Act 1995 (cth), S 474.22(1), S 474.22 A(1) Use a Carriage Service to Access Child Abuse Material Use a Carriage Service to Transmit Child Abuse Material Possess Child Abuse Material Obtained Using a Carriage Service Bugmy Considerations Rehabilitation +1 more

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Parties

Robert Curle

Offender

Commonwealth Director of Public Prosecutions

The Crown

Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 Appropriate sentence for offences under s 474.22(1) and s 474.22A(1) Criminal Code Act 1995 (Cth) involving accessing, possessing and transmitting child abuse material
  2. 2 Impact of childhood trauma and paraphilic disorder on moral culpability and sentence
  3. 3 Whether exceptional circumstances exist justifying recognizance release order without custodial component under s 20(1)(b) Crimes Act 1914 (Cth)

Ratio Decidendi

Given the seriousness of the offender's conduct involving a large quantity of depraved child abuse material, purpose for sexual gratification and dissemination, and in the absence of exceptional circumstances, no sentence other than imprisonment is appropriate. The offender's moral culpability is reduced to some extent by reason of his background and paraphilic disorder, but not sufficiently to warrant release without a custodial component. The need for both general and specific deterrence remains paramount.

Court Disposition

Convictions recorded on three counts; aggregate sentence of imprisonment of 24, 20, and 20 months (partially accumulated); recognizance release order made after 21 months custody with 18 months supervision; forfeiture of devices.

Orders

  • Convictions recorded for each offence.
  • For sequence 3 (transmission): 24 months imprisonment (9 June 2023 – 8 June 2025).