R v G [2021] NSWDC 78

District Court New South Wales

Medium Neutral Citation: R v G [2021] NSWDC 78 Hearing dates: 3 December 2020, 12 and 26 February 2021 Date of orders: 26 February 2010 Decision date: 26 February 2021 Jurisdiction: Criminal Before: Hatzistergos DCJ Decision: See [172] onwards Catchwords: CRIMINAL LAW –– Child sex offences – aggravated indecent assault – sexual touching of a child – use of child for the production of child abuse material – maintaining an unlawful sexual relationship with a child and where a child was conceived. Offending involved four victims overall. CRIMINAL LAW –– Where the Offender used carriage service to publish child abuse material. SENTENCE –– s 25AA of the Crimes (Sentencing Procedure) Act 1999 (NSW) applied to State offences – aggravating factors – offences committed in position of trust and vulnerability of victims considered – mitigating factors – discount for early guilty pleas and assistance to law enforcement authorities in some circumstances substantial – extent of assistance discounts to be applied – where offending preceded 2018 amendments – whether the Offender to be sentenced on s 66EA of the Crimes Act 1900 (NSW) as it now stands or prior to the 2018 amendments. SENTENCE –– previous record of convictions relating to disseminating or possess child pornography, using a carriage service to access child pornography and using a carriage service to make child pornography – elevated risk of reoffending – remorse and contrition established. SENTENCE –– finding of special circumstances by reason of partial accumulation of Commonwealth and State aggregate sentences. Legislation Cited: Crimes Act 1900 (NSW), ss 61M, 66DA, 66EA, 91G, 91H Crimes (Sentencing Procedure) Act 1999 (NSW), s 3A, 21A, 23, 25AA, 28, 30E, 33, 44 Crimes Act 1914 (Cth), s 16A, 19AC, 20 Criminal Code Act 1995 (Cth), s 474.19 Cases Cited: Burr v R [2020] NSWCCA 282 Eacott (a pseudonym) v R [2019] NSWCCA 158 R v BJW (2000) 112 A Crim R 1 Shannon v R [2006] NSWCCA 39 R v Gavel (2014) 239 A Crim R 469 R v Nelson (2016) NSWCCA 130 R v PWH (unrep, 20/2/1992, NSWCCA) R v T (1990) 47 A Crim R 29 R v Catell [2019] NSWCCA 297 R v PGM [2008] NSWCCA 172 R v JDB (2005) 153 A Crim R 164 R v Boulad [2005] NSWCCA 289 ARS v R [2011] NSWCCA 266 R v Hutchinson [2018] NSWCCA 152 Minehan v R [2010] NSWCCA 140; 201 A Crim R 243 R v Leeuw [2015] NSWCCA 183 R v Freedman [2017] NSWCCA 201 R v Thomson and Houlton (2000) 49 NSWLR 383; [2000] NSWCA 309 Buckely v R [2021] NSWCCA 6 at [82] Panetta v R [2016] NSWCCA 85 Veen v R [No 2] (1998) 164 CLR 465. Attorney General's Application under s 37 of the Crime (Sentencing Procedure) Act 1999 No1 of 2002 (2002) 56 NSWLR 146; [2002] NSWCCA 518. Category: Sentence Parties: Regina (the Crown) G (the Offender) Representation: Counsel: Mr B N Queenan (the Crown) Mr B Neild (the Offender)