R v Jones [2021] NSWDC 478

District Court New South Wales

Medium Neutral Citation: R v Jones [2021] NSWDC 478 Hearing dates: 2 and 16 August 2021 Date of orders: 3 September 2021 Decision date: 03 September 2021 Jurisdiction: Criminal Before: Weinstein SC DCJ Decision: I direct you to be released forthwith, and upon entering into a recognizance for 24 months pursuant to section 20(1)(b) of the Crimes Act 1914 (Cth) with security in the sum of $100, and with the conditions that you:- a) be of good behaviour; b) accept the supervision and guidance of Community Corrections for as long as that service consider appropriate. To facilitate that order you must contact the Coffs Harbour Community Corrections Office by 10 September 2021; c) not travel interstate without the written permission of your probation officer; d) undertake such treatment or rehabilitation programs that your probation officer reasonably directs; and e) continue to have psychological counselling with Carollyne Yousseff or another psychologist nominated by your usual general practitioner for the next 24 months or for as long as your treating psychologist considers appropriate. Catchwords: CRIME – Child abuse material – Using carriage service to access child abuse material – recklessness SENTENCING – relevant factors on sentence – Circumstances of offence Legislation Cited: Criminal Code Act 1995 (Cth) Crimes Act 1914 (Cth) Crimes (Sentencing Procedure) Act 1999 (NSW) Cases Cited: Azzopardi v The Queen (2011) 35 VR 43 Hill v the Queen; Jones v the Queen [2010] HCA 45 Markarian v The Queen (2005) 228 CLR 357 Power v R [1974] HCA 26 R v De Leeuw [2015] NSWCCA 183 R v Hutchinson [2018] NSWCCA 152 The Queen v Pham, (2015) 256 CLR 550 Category: Sentence Parties: Regina