R v Yates (a pseudonym) [2021] NSWDC 701

District Court New South Wales

Medium Neutral Citation: R v Yates (a pseudonym) [2021] NSWDC 701 Hearing dates: 8 October 2021 Decision date: 08 October 2021 Jurisdiction: Criminal Before: Haesler SC DCJ Decision: NSW Offences - Aggregate sentence of 14 years with a non-parole period of 10 years. See [80]-[91] Federal offence - Sentenced to a term of imprisonment of 1 year 6 months. See [92] Catchwords: CRIME - Possess child abuse material - Use child under 14years to make child abuse material - Indecent assault person under 16 years of age - Indecent assault person under 14 years of age - Use carriage service-transmit child abuse matter to self CRIME — Child sex offences — Child abuse material — Production/Dissemination/Possession CRIME — Child sex offences — Child abuse material — Using carriage service for child pornography material or child abuse material SENTENCING - Relevant factors on sentence – categories for assessing and grading child abuse material serious abuse of trust of children sleeping over in his home- possession of a large number of images of children - Legislation Cited: Crimes Act 1900 (NSW) Crimes (High Risk Offenders) Act 2006 Crimes (Sentencing Procedure) Act 1999 Criminal Procedure Act 1986 Cases Cited: Abbas, Bodiotis, Taleb and Amoun v R [2013] NSWCCA 115 Attorney General's Application under s 37 of the Crimes (Sentencing Procedure) Act 1999 No 1 of 2002 (2002) 56 NSWLR 146 BT v R [2010] NSWCCA 267 Dennison v R [2011] NSWCCA 114 Hutchinson [2018] NSWCCA 152 Lamella v R [2014] NSWCCA 122 Minehan v R [2010] NSWCCA 140 Muldrock v The Queen (2011) 244 CLR 120 R v Booth [2009] NSWCCA 89 R v NJK [2011] NSWCCA 151 Texts Cited: Sentencing offenders convicted of child pornography and child abuse material offences Sydney, 2010, by Mizzi, T Gotsis and P Poletti Category: Sentence Parties: Bill Yates (the offender) Director of Public Prosecutions Representation: Counsel: Ms S Hall SC (for the offender)