R v Castellarin [2021] NSWDC 571

District Court New South Wales

Medium Neutral Citation: R v Castellarin [2021] NSWDC 571 Hearing dates: 1 October 2021 Date of orders: 22 October 2021 Decision date: 22 October 2021 Jurisdiction: Criminal Before: Mahony SC DCJ Decision: Full-time custodial sentence. For orders see [117]. Catchwords: CRIME – SENTENCE – use carriage service to access child pornography material. Legislation Cited: Crimes Act 1914 (Cth) Crimes Legislation Amendment (Sexual Crimes Against Children and Community Protection Measures) Act 2020 (Cth) Criminal Code Act 1995 (Cth) Cases Cited: Baden v R [2020] NSWCCA 23 DPP (Cth) v Saadieh [2021] NSWSC 1186 Fitzgerald v R [2015] NSWCCA 266 Hili v The Queen (2010) 232 CLR 520; [2010] HCA 45 R v Hutchinson [2018] NSWCCA 152 Valentine v R [2020] NSWCCA 116 Category: Sentence Parties: Director of Public Prosecutions (Cth) (Crown) Daniel Castellarin (Offender) Representation: Counsel: S. Dayeian (Offender)

Solicitor/Trial Advocate: N. Ojerholm (Crown) File Number(s): 2019/283885

REMARKS ON SENTENCE 1. The offender is to be sentenced in respect of an offence pursuant to s 474.19(1) of the Criminal Code Act 1995 (Cth) of use carriage service to access child pornography material. The offence was committed between about 22 and 23 May 2019 and the offender was arrested on 11 September 2019. 2. The maximum penalty for the offence is 15 years imprisonment. 3. The offender was born on 7 August 1972 and was therefore 46 years of age at the time of the offence.