NSW Caselaw
District Court New South Wales
Medium Neutral Citation: R v Coker [2021] NSWDC 805 Hearing dates: 06 October 2021; 08 October 2021 Date of orders: 08 October 2021 Decision date: 08 October 2021 Jurisdiction: Criminal Before: Haesler SC DCJ Decision: See orders [41] Catchwords: CRIME – Possess/control child abuse material-use carriage service - Use carriage service transmit/publish/promote child abuse - Use carriage service to access child abuse material SENTENCING - Relevant factors on sentence –possess and transmit child abuse material guilty plea - drug use-prior good character - substantial rehabilitation - is full time custody required - exceptional circumstances - impact of pandemic - period of full-time custody required Legislation Cited: Crimes Act 1914 (Cth) Telecommunications Act 1997 (Cth) Cases Cited: D'Alessandro v R [2010] VSCA 60; 26 VR 477 Hutchinson v R [2018] NSWCCA 152 R v Chaplin [2012] NSWDC 301 R v Henry (1999) 46 NSWLR 346; 106 A Crim R 149 R v Kelly [1999] UKHL 4; [2000] 1 QB 198 R v Porte [2015] NSWCCA 174 Tootell v R [2012] QCA 273 Category: Sentence Parties: Bevan Karl Coker (the offender) Commonwealth Director of Public Prosecutions Representation: Solicitors: Mr M Kwan, Legal Aid NSW (for the offender) Mr J Kisch (for Commonwealth Director of Public Prosecutions) File Number(s): 2020/00295298
SENTENCE – Ex Tempore REVISED
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