R v Munday [2021] NSWDC 625

District Court New South Wales

Medium Neutral Citation: R v Munday [2021] NSWDC 625 Hearing dates: 10 November 2021 Date of orders: 18 November 2021 Decision date: 18 November 2021 Jurisdiction: Criminal Before: Priestley SC, DCJ Decision: See [47] Catchwords: CRIME — Importation Offences — Commonwealth offences — Intentionally import prohibited CRIME — Commonwealth offences — Possess child-like sex doll CRIME — Commonwealth offences — Possess/control child abuse material-use carriage service Legislation Cited: Commonwealth Criminal Code (Cth) 1995 Customs Act (Cth) 1901 Crimes Act (Cth) 1914 Cases Cited: R v Hutchinson [2018] NSWCCA 152 Minehan v R [2010] NSWCCA 140 Porte [2015] NSWCCA 174 De Leeuw [2015] NSWCCA 183 R v Clarkson (2011) 32 VR 361 Hall v R [2021] NSWCCA 220 R v Holder [1983] 3 NSWLR 245 Mill v The Queen [1988] HCA 70 Cahyadi v R [2007] NSWCCA 1 DPP (Cth) v Beattie [2017] NSWCCA 301 Kannis v R [2020] NSWCCA 79 Category: Principal judgment Parties: Regina (Crown)

Munday (Offender) Representation: Debnam Solicitor for the Commonwealth Director of Public Prosecutions.

Cranney Solicitor for the offender. File Number(s): 2020/00130841 Publication restriction: Unrestricted.

Judgment 1. Peter Munday ("the offender") appears for sentence on the following three Federal offences: * Pursuant to s233BAB(5) of the Customs Act, that between 1 April 2020 and 1 May 2020 he imported tier 2 goods without approval, specifically, a child like sex doll, an offence with a maximum sentence of 10 years; count 1. * Pursuant to s273A.1 of the Commonwealth Criminal Code ("CCC"), that he possessed a child like sex doll on 1 May 2020, an offence with a maximum sentence of 15 years; count 2. * Pursuant to s474.22A CCC that he possessed child abuse material in a data storage device and used a carriage service to obtain or access the material, an offence with a maximum sentence of 15 years; count 3. 1. I take the maximum sentences into account as a legislative guidepost as to the legislature's regard as to the seriousness of the offending in determining the appropriate sentence. 2. The offender was born on 30 October 1982 so he is now 39 years old. The dates of the offending as stated on the Court Attendance Notices are between 1 April 2020 and 1 May 2020 for count 1 and 1 May 2020 for counts 2 and 3. At that time the offender was 37. He was arrested on 1 May 2020 and spent one night in custody.