R v Garcia [2020] NSWDC 553

District Court New South Wales

Medium Neutral Citation: R v Garcia [2020] NSWDC 553 Hearing dates: 10 July 2020, 13 July 2020 Decision date: 13 July 2020 Jurisdiction: Criminal Before: Haesler SC DCJ Decision: Possess child abuse material: Sentenced to a term of imprisonment of 22 months. Non parole period of 11 months. Possess child-like sex doll or other object: a term of imprisonment of 1 year 6 months; Released at the expiration of 6 months upon entering a recognizance pursuant to s 20(1)(b) Crimes Act 1914 Catchwords: CRIME - Sentencing for state offences and federal offence - Possess child abuse material - Possess child-like sex doll SENTENCING – Relevant factors on sentencing - structure of State and Commonwealth offences - problems with INTERPOL Baseline Classifications – assessment of objective seriousness – new legislation - high maximum penalty - first offender - extra curial punishment - alcoholism - efforts to improve himself and deal with alcohol addiction - strong family support- mental health care plan in place - regret and remorse- vulnerability in custody - custodial sentences - special circumstances Legislation Cited: Combatting Child Sexual Exploitation Legislation Amendment Act 2019 C'th Crimes Act 1900 NSW Crimes Act 1914 C'th Crimes (Sentencing Procedure) Act NSW Criminal Code 1995 C'th Cases Cited: Attorney General's Application No. 1 (2002) 56 NSWLR 146 Henry v R (1999) 46 NSWLR 346 Hoare v The Queen (1989) 167 CLR 348 Holland v R [2005] WASCA 140; (2005) 154 A Crim R Markarian v The Queen (2005) 228 CLR 357 Minehan v R [2010] NSWCCA 140 Mouscas v R [2008] NSWCCA 181 R v Herring (1956) 73 WN (NSW) 203 R v Hutchinson [2018] NSWCCA 152 Ryan v The Queen (2001) 206 CLR 267 Category: Sentence Parties: Robert Garcia (the offender) Director of Public Prosecutions Representation: Counsel: Mr B Hart (for the offender)