Small v R [2020] NSWCCA 216

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Small v R [2020] NSWCCA 216 Hearing dates: 23 July 2020 Decision date: 28 August 2020 Before: Hoeben CJ at CL at [1] Johnson J at [2] Lonergan J at [85] Decision: 1. Extend time for the Applicant to apply for leave to appeal against sentence to 5 May 2020.

2. Grant the Applicant leave to appeal against sentence.

3. The sentences imposed at the Sydney District Court on 17 November 2017 for offences of failing to comply with reporting obligations contrary to s.17(1) the Child Protection (Offenders Registration) Act 2000 (NSW) (Sequences 3, 4, 5 and 6) and possession of child abuse material contrary to s.91H(2) Crimes Act 1900 (NSW) (Sequence 9) are confirmed.

4. The sentences imposed at the Sydney District Court on 17 November 2017 for Sequences 10 and 11 are quashed. In their place, the Applicant is sentenced as follows:

(i) for using a carriage service to groom a person under the age of 16 years for sexual activity contrary to s.474.27(1) Criminal Code (Cth) (Sequence 10), the Applicant is sentenced to imprisonment for five years and 10 months commencing on 15 August 2018;

(ii) taking into account under s.16BA Crimes Act 1914 (Cth) an offence of using a carriage service to transmit child pornography contrary to s.474.19(1)(a)(iii) Criminal Code (Cth), the Applicant is sentenced for an offence of using a carriage service to solicit child pornography contrary to s.474.19(1)(a)(iv) Criminal Code (Cth) (Sequence 11) to imprisonment for six years and 10 months commencing on 15 August 2019.