R v MB [2019] NSWDC 922

District Court New South Wales

Medium Neutral Citation: R v MB [2019] NSWDC 922 Decision date: 25 October 2019 Jurisdiction: Criminal Before: Payne DCJ Decision: Sentenced to imprisonment for two years and three months. Pursuant to section 20(1)(b) Crimes Act 1914, to be released forthwith upon entering into a recognizance, self in the sum of $500, on the following conditions: 1. Attend upon Community Corrections at Bowral within seven days and accept their supervision for a period of two years, as directed, including in relation to psychological counselling and treatment; 2. To be of good behaviour for a period of three years. Catchwords: SENTENCING – Commonwealth offending – offence contrary to the Customs Act 1901 – importation of Tier 2 goods without approval – child pornography material Legislation Cited: Crimes Act 1914 (Cth) Customs Act 1901 (Cth), s 233BAB(5) Category: Sentence Parties: Regina (Crown) MB (Offender) Representation: Solicitors: Commonwealth Director of Public Prosecutions (Crown) Prime Lawyers (Offender) File Number(s): 2018/271310

Judgment 1. In relation to this matter, MB comes before the Court in respect of one offence. The offence is contrary to s 233BAB(5) of the Customs Act 1901 (Cth). It is, between 20 June 2018 and 4 September 2018, intentionally import into Australia, a Tier 2 good, namely child pornography material, without approval. The maximum penalty prescribed for the offence is imprisonment for ten years and/or 2,500 penalty units. He adhered to his plea that he had entered in the Local Court before this Court. He was committed for sentence on 10 April 2019. He was arrested on 4 September 2018. He was granted bail and has remained on bail.