Jeffery v R [2021] NSWCCA 221

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Jeffery v R [2021] NSWCCA 221 Hearing dates: 6 August 2021 Date of orders: 10 September 2021 Decision date: 10 September 2021 Before: Bathurst CJ at [1] Beech-Jones J at [2] Fagan J at [54] Decision: (1) Application for leave to appeal against sentence granted. (2) Appeal dismissed. Catchwords: SENTENCING – solicitation and possession of child pornography – applicant used social media to solicit 12 year old girl to provide photographs using threats of exposure – two aggregate sentences imposed – sentencing judge accepted applicant affected by mental illness but did not accept causally connected to offending – whether erred in failing to find causal connection – whether sentencing judge misapplied principles concerning mentally ill offenders – no error established – whether sentence manifestly excessive – leave to appeal granted but appeal dismissed. Legislation Cited: Crimes (Sentencing Procedure) Act 1999 Cases Cited: Bugmy v The Queen (2013) 249 CLR 571; [2013] HCA 37 Craft v R [2021] NSWCCA 131 DPP (Cth) v De La Rosa [2010] NSWCCA 194; (2010) 79 NSWLR 1 Hili v The Queen; Jones v The Queen (2010) 242 CLR 520; [2010] HCA 45 House v R (1936) 55 CLR 501 R v Asplund [2010] NSWCCA 316 R v Qutami [2001] NSWCCA 353 R v Tahiraj [2004] QCA 353 Tector v R [2008] NSWCCA 151 Category: Principal judgment Parties: Christopher Jeffery (Applicant) Regina (Crown) Representation: Counsel: S Fraser (Applicant) D Berents (Crown)