R v BH [2019] NSWDC 924

District Court New South Wales

Medium Neutral Citation: R v BH [2019] NSWDC 924 Decision date: 22 November 2019 Jurisdiction: Criminal Before: Payne DCJ Decision: Section 474.19(1)(a)(iv) offence Sentenced to imprisonment for two years six months. Pursuant to section 20(1)(b) Crimes Act 1914, released forthwith, upon entering into a recognizance, self in the amount of $500, on the following conditions: 1. Attend upon Community Corrections at Grafton on or before Tuesday 26 November 2019 and accept their supervision for a period of two years as directed, including in relation to psychological counselling and treatment and in particular, undertaking the mental health care plan outlined in the reports of Mr Jenkins; 2. To be of good behaviour for a period of five years. Section 91H(2) offence Two year community correction order with the following conditions: 1. Must not commit any offence; 2. Must appear before the Court if called upon to do so at any time during the term of the order; 3. 300 hours community service work; 4. Rehabilitation / treatment as directed by Community Corrections; 5. Submit to supervision by a Community Corrections officer. Catchwords: SENTENCING – child sex offences – using carriage service to solicit child pornography material – possession of child abuse material SENTENCING – Commonwealth and State offences Legislation Cited: Crimes Act 1900 (NSW), s 91H(2) Crimes Act 1914 (Cth) Crimes (Sentencing Procedure) Act 1999 Criminal Code 1995 (Cth), s474.19(1)(a)(iv) Cases Cited: R v Borkowski (2009) 195 A Crim R 1 R v Thomson and Houlton (2000) 49 NSWLR 383 Category: Sentence Parties: Regina (Crown) BH (Offender) Representation: Counsel: C Hurley (Crown) G Kumarasinhe (Offender)