NSW Caselaw
Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Wilson v R (Cth) [2020] NSWCCA 211 Hearing dates: 23 July 2020 Decision date: 26 August 2020 Before: Hoeben CJ at CL at [1]; Johnson J at [99]; Lonergan J at [100] Decision: (1) Leave to appeal against sentence granted. (2) The appeal is dismissed. Catchwords: CRIMINAL LAW – sentence appeal – offences of using a carriage service to transmit child pornographic material and to procure a person under 16 years of age for sexual activity – one offence of possess child abuse material – sentence of 4 years with non-parole period of 2 years and 4 months – whether sentence manifestly excessive – whether error in assessment of objective seriousness – limitations on use of comparable cases to establish manifest excess – no error in assessment of objective seriousness – appeal dismissed. Legislation Cited: Crimes Act 1914 (Cth) – Pt 1B, s 16A Crimes Act 1900 (NSW) – s 91H(2) Crimes (Sentencing Procedure) Act 1999 (NSW) – Pt 3 Criminal Code Act 1995 (Cth) – s 474.19(1), s 474.26(1) Cases Cited: Barbaro v The Queen (2014) 253 CLR 58; [2014] HCA 2
Clarke-Jeffries v R [2019] NSWCCA 56
Director of Public Prosecutions v Dalgliesh (a pseudonym) (2017) 262 CLR 428; [2017] HCA 41
Director of Public Prosecutions (Cth) v De La Rosa (2010) 79 NSWLR 1, [2010] NSWCCA 194
Director of Public Prosecutions (Cth) v Zarb (2014) 46 VR 832; [2014] VSCA 347
Hili v The Queen; Jones v The Queen (2010) 242 CLR 520; [2010] HCA 45
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