NSW Caselaw
District Court New South Wales
Medium Neutral Citation: R v Dale [2022] NSWDC 272 Hearing dates: 31 January 2022, 01 February 2022 Date of orders: 01 February 2022 Decision date: 01 February 2022 Jurisdiction: Criminal Before: Haesler SC DCJ Decision: See orders [40] Catchwords: CRIME – Produce child abuse material - Use carriage service to access child abuse material – Possess child abuse material SENTENCING - Relevant factors on sentence multiple offences - state and federal - guilty plea - age – illness - need for deterrent sentence Legislation Cited: Crimes Act 1900 (NSW) Crimes Act 1914 (Cth) Crimes (Sentencing Procedure) Act 1999 (NSW) Criminal Code Act 1995 (Cth) Cases Cited: Director of Public Prosecutions (Cth) v Beattie [2017] NSWCCA 301 Hoare v The Queen (1989) 167 CLR 348 Hutchinson [2018] NSWCCA 152 Markarian v The Queen (2005) 228 CLR 357; [2005] HCA 25 Minehan v R [2010] NSWCCA 140 R v Booth [2009] NSWCCA 89 The Queen v Pham [2015] HCA 39; (2015) 256 CLR 550 Woods v R [2020] NSWCCA 219 Xiao v The Queen (2018) 96 NSWLR 1 Category: Sentence Parties: Michael Christopher Dale (the offender) Commonwealth Director of Public Prosecutions Representation: Solicitors: Mr M Kwan, Legal Aid NSW (for the offender) Mr J Fennell (for Commonwealth Director of Public Prosecutions) File Number(s): 2021/00023001
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