R v Lonergan [2022] NSWDC 423

District Court New South Wales

Medium Neutral Citation: R v Lonergan [2022] NSWDC 423 Hearing dates: 21 September 2022 Date of orders: 21 September 2022 Decision date: 21 September 2022 Jurisdiction: Criminal Before: Abadee DCJ Decision: See paragraph 52 – 53 Catchwords: CRIMINAL LAW – severity appeal from local court – domestic violence offence – offence of distributing intimate image Legislation Cited: Crimes Act 1900 (NSW) s 91Q Crimes (Domestic and Personal Violence) Act 2007 (NSW) s 13(1) Crimes (Sentencing Procedure) Act 1999 (NSW) ss 3A, 9, 10, 99 Cases Cited: Einfeld v R (2010) 200 A Crim R 1 Kearsley v R [2017] NSWCCA 28 R v Beissel (1996) 89 A Crim R 210 R v Zerafa (2013) 235 A Crim R 265 Texts Cited: Odgers, 'Sentence' (5th edition) Howie & Johnson, Criminal Practice & Procedure NSW (Lexis Nexis Online) Category: Principal judgment Parties: Ms T Lonergan (appellant) ODPP Representation: Solicitors: Conditsis Lawyers for the appellant ODPP File Number(s): 2022/00187629 Publication restriction: Nil Decision under appeal Court or tribunal: Wyong Local Court Jurisdiction: Local Court of NSW Date of Decision: 11 August 2022 Before: Magistrate A Railton File Number(s): 2022/00187629

REASONS FOR JUDGMENT 1. On 11 August 2022, following pleas of guilty, the appellant was convicted and sentenced in the Wyong Local Court of the offences: 1. H 89597828/1 1. that at 2:23pm on 20 June 2022 at Kanwal, the appellant did intentionally distribute an intimate image of the victim without consent, contrary to s 91Q(1) of the Crimes Act 1900 (NSW) (what I will sometimes refer to as the 'image offence'). 1. H 89597828/2 1. that at 2:50pm on 20 June 2022 at Kanwal, the appellant did intimidate the victim with the intention of causing him to fear physical or mental harm, contrary to s 13(1) of the Crimes (Domestic and Personal Violence) Act 2007 (NSW). 1. The maximum penalty for the first offence on indictment is 100 penalty units ($11,000) or imprisonment for 3 years, or both. Summarily, the maximum penalty is 100 penalty units ($11,000) or imprisonment for 2 years, or both. 2. The maximum penalty for the second offence is 50 penalty units ($5,500) or imprisonment for 5 years, or both. Summarily, the maximum penalty is 50 penalty units ($5,500) or imprisonment for 2 years, or both. 3. For the first offence, the appellant received a Community Corrections Order for 18 months. For the second offence, the appellant received a fine of $500. 4. The appellant appeals against the severity of these sentences.