R v Whaley [2020] NSWDC 517

District Court New South Wales

Medium Neutral Citation: R v Whaley [2020] NSWDC 517 Hearing dates: 27/4/20, 12/5/20 Date of orders: 12/5/20 Decision date: 12 May 2020 Jurisdiction: Criminal Before: Bourke SC DCJ Decision: Sentenced to a total effective term of imprisonment of 9 years 4 months with a NPP of 6 years 4 months. Catchwords: Crime – Sentence – Commonwealth and State offences - Possess child abuse material – Produce child abuse material – Use carriage service to solicit child pornography – Use carriage service to engage in sexual activity with a person under the age of 16 Legislation Cited: Cth Crimes Act, 1914 Cth Criminal Code, 1995 NSW Crimes Act, 1900 NSW Crimes (Sentencing Procedure) Act, 1999 Cases Cited: Pearce v R (1998) 194 CLR 610 R v Booth [2009] NSWCCA 89 R v Hutchinson [2018] NSWCCA 152 Category: Sentence Parties: Commonwealth DPP – Crown Kurtis Whaley - Offender Representation: Counsel: Ms S Callan for the Crown Mr D McMahon for the Offender File Number(s): 19/57612 Publication restriction: Non publication order regarding the names of the victims or any other detail which might identify them.

sentence 1. Mr Kurtis Whaley is before the Court for sentence today in relation to 54 offences, as follows. One offence of possessing child abuse material, that being an offence under the NSW Crimes Act 1900, which carries a maximum penalty of 10 years. Also, an offence under the NSW Crimes Act 1900, of produce child abuse material, also carrying a maximum penalty of 10 years. Twenty‑nine offences of using a carriage service to solicit child pornography, those being offences under the Cth Criminal Code 1995, carrying a maximum penalty of 15 years. Five offences of using a carriage service to transmit child pornography, again, an offence carrying 15 years under the Cth Criminal Code, and 18 offences of using a carriage service to engage in sexual activity with a person under the age of 16, also an offence under the Cth Criminal Code, carrying a maximum of 15 years' imprisonment. 2. The offender pleaded guilty to all of the offences at the earliest opportunity and it is accepted by the Crown, that he is entitled to a 25% discount on the sentences for the New South Wales offences, in accordance with authority, by reason of the utilitarian value involved in avoiding a contested trial, and avoiding the need for witnesses to give evidence. Although there is no standard discount to be applied for the Commonwealth offences, I intend to apply the same discount, on account of utilitarian value in relation to those matters.