R v Damaso [2022] NSWDC 473

District Court New South Wales

Medium Neutral Citation: R v Damaso [2022] NSWDC 473 Hearing dates: 19 August 2022 Date of orders: 19 August 2022 Decision date: 19 August 2022 Jurisdiction: Criminal Before: Wilson SC DCJ Decision: Ex tempore remarks See [29] –[31] Catchwords: SENTENCING - Record an intimate image without consent- Distribute intimate image without consent. Legislation Cited: Crimes Act 1900 (NSW) Crime (Sentencing Procedure) Act 1999 (NSW) Category: Sentence Parties: Regina Wayne Douglas Damaso Representation: Solicitors: Mr Janke (Offender) Mr Whitaker (ODPP) File Number(s): 2020/00242659 Publication restriction: Non-publication of any matter which may identify or lead to the identification of the complainant/victim (s578A Crimes Act).

Ex tempore Judgment 1. The offender appears to be sentenced in relation to two offences which were committed on 15 June 2020. He was arrested the same day. The first charge for sentence is under s 91P(1) of the Crimes Act, that is, record an intimate image without consent, it carries a maximum sentence of three years imprisonment and/or a fine of 100 penalty units. The second charge is under s 91Q(1) being distribute intimate image without consent, and that has a maximum sentence of three years imprisonment and/or a fine of 100 penalty units. 2. The offender offered to plead guilty to those charges when the matter was still in the Local Court, however, there was some confusion or misunderstanding that led to that not occurring. The offender was not the subject of conditional liberty at the time, however, was sentenced to an 18 months Community Correction Order for failing to comply with reporting obligations; it commenced 8 July 2020 and concluded 7 January 2022. 3. The Community Correction Order to which I have referred related to a disclosure breach of the protection register for not disclosing a certain matter to the police, which was discovered upon his arrest in respect of these offences.