R v MT [2021] NSWDC 129

District Court New South Wales

Medium Neutral Citation: R v MT [2021] NSWDC 129 Hearing dates: 14/12/20, 21/1/21 Date of orders: 21/1/21 Decision date: 21 January 2021 Jurisdiction: Criminal Before: Bourke SC DCJ Decision: Re the Commonwealth offence of Transmit Child Pornography (Seq 4) – Convicted and sentenced to imprisonment for 2 years (18/7/19-17/7/21). I decline to impose a recognisance release order as the sentence for the State offences will continue to be served after the expiry of the Commonwealth sentence. In relation to the State offences, convicted and sentenced to an aggregate term of imprisonment of 7 years 6 months with a NPP of 4 years 6 months (18/1/20-17/7/24). I find special circumstances. The indicative sentences are: Seq 6 Indecent Assault – 4 years 6 months with NPP 2 years 9 months (Form 1 taken into account). Seq 7 Indecent Assault – 3 years 3 months with NPP 2 years. Seq 9 Indecent Assault – 3 years with NPP 1 year 10 months. Seq 11 Indecent Assault – 3 years 9 months with NPP 2 years 3 months. Seq 13 Indecent Assault – 3 years 9 months with NPP 2 years 3 months. Seq 2 Produce Child Abuse Material – 2 years 6 months. Seq 3 Possess Child Abuse Material – 3 years (Form 1 taken into account). Therefore, the total effective sentence is 8 years (18/7/19-17/7/27) with a NPP of 5 years (18/7/19-17/7/24). I recommend that a copy of report of Dr Furst dated 25/10/20 (Exh A on sentence) be forwarded to Corrective Services, Justice Health, and Community Corrections. Catchwords: Crime – Sentence – Indecent assault of child under 16 – Produce child abuse material – Possess child abuse material – Use carriage service to transmit child pornography – Commonwealth and State offences Legislation Cited: Crimes Act (NSW) 1900 Crimes Act (Cth) 1914 Crimes (Sentencing Procedure) Act 1999 Cases Cited: R v Hutchinson [2018] NSWCCA 152 Category: Sentence Parties: NSW DPP – Crown MT - Offender Representation: Mr Triscari for Crown Mr Nematalla for Offender File Number(s): 2019/223666 Publication restriction: Non-publication order in relation to the identity of the victim, her family and the accused. A pseudonym order in relation the offender. The offender is to be known as "MT"