The Queen v Dalwood [2020] NSWDC 841

District Court New South Wales

Medium Neutral Citation: The Queen v Dalwood [2020] NSWDC 841 Hearing dates: 9 October 2020 Date of orders: 16 November 2020 Decision date: 16 November 2020 Jurisdiction: Criminal Before: Wilson SC DCJ Decision: Full time custodial sentence imposed. Decision at [112]-[113]. Catchwords: CRIME – sentence – 6 charges – child sexual offending – victims outside Australia – child pornography offences Legislation Cited: Crimes Act 1900 (NSW) s 91H(2) Crimes Act 1914 (Cth) ss 16A, 17A Criminal Code (Cth) ss 272.14, 474.19, 474.25C Crimes (Sentencing Procedure) Act 1999 (NSW) ss 3A, 5 Cases Cited: Baden v R [2020] NSWCCA 23 Director of Public Prosecutions v Beattie [2017] NSWCCA 301 Minehan v R [2010] NSWCCA 140 Pearce v The Queen (1998) 194 CLR 610 Ryan v The Queen [2001] HCA 21 Qutami [2001] NSWCCA 353 Category: Sentence Parties: Regina (ODPP) Daniel Dalwood (Offender) Representation: Counsel: Mr Murray (Offender)

Solicitors: Ms Hirst (ODPP) Ms Moran (Offender) File Number(s): 2019/115322 Publication restriction: Statutory prohibition on publication in relation to identities of the complainant under s578A of the Crimes Act 1900 (NSW) and s15A of the Children (Criminal Proceedings) Act 1987 (NSW)

Judgment

Introduction 1. Daniel Dalwood, hereafter referred to as "the Offender" appears before the Court for sentence in relation to 6 charges on an indictment: 1. Count 1 – possess child abuse material, in breach of s91H(2) of the Crimes Act 1900 (NSW); 2. Count 2 – use a carriage service to solicit child pornography material, in breach of s474.19(1) of the Criminal Code (Cth); 3. Count 3 – use a carriage service to plan etc sexual act, where person under the age of 16 years, in breach of s474.25C of the Criminal Code; 4. Count 4 – procure child for sexual activity outside Australia, in breach of s272.14(1) of the Criminal Code; 5. Count 5 – procure child for sexual activity outside Australia, in breach of s272.14(1) of the Criminal Code; and 6. Count 6 – use a carriage service to transmit child pornography material, in breach of s474.19(1) of the Criminal Code. 1. Counts 1 and 3 carry maximum penalties of 10 years' imprisonment, while Counts 2, 4, 5 and 6 all carry a maximum term of 15 years' imprisonment. The maximum sentences demonstrate the seriousness with which the community, by Parliament, view this type of offending. They are a guidepost for a sentencing Judge. 2. There are no Form 1, related or back-up offences.