R v Atkinson [2016] NSWDC 456

District Court New South Wales

Medium Neutral Citation: R v Atkinson [2016] NSWDC 456 Hearing dates: Friday 19 August 2016; Friday 14 October 2016 Date of orders: Friday 2 December 2016 Decision date: 02 December 2016 Jurisdiction: Criminal Before: Tupman DCJ Decision: Count 1 (Commonwealth offence): Sentenced to a term of imprisonment of 12 months. Count 2 (NSW State offence): Sentenced to a non-parole period 12 months with parole thereafter of 15 months giving rise to an overall term of imprisonment of 2 years and 3 months. Catchwords: CRIME — Child sex offences — Using a carriage service to access child pornography — Possessing child abuse material — One Commonwealth offence — One NSW State offence — Over 10,000 child pornography images and videos found — Images and videos range from category 1 to category 6 on the CETS classification scale — Police identified offender when monitoring child pornography websites — Wide range of child exploitation material found on electronic devices belonging to offender — Middle of the range in terms of objective seriousness — No prior convictions — Early plea of guilty — Offender cooperated with police and assisted them in their investigation — relatively good prospects of rehabilitation. Legislation Cited: Crimes Act 1900 (NSW): s 91A(2); Crimes Act 1914 (Cth): s 16A(1); Criminal Code Act 1995 (Cth): s 474.19(1)(a)(i); Crimes (Sentencing Procedure) Act 1999 (NSW): s 3A. Cases Cited: DPP (Cth) and DPP (Vic) v Garside [2016] VSCA 74; EF v R [2015] NSWCCA 36; Minehan v R [2010] NSWCCA 140; R v Booth [2009] NSWCCA 89; R v Porte [2015] NSWCCA 174; R v Thomson & Houlton & Ors (2000) 49 NSWLR 383. Category: Principal judgment Parties: Regina (The Crown) Anthony Atkinson (The Offender) Representation: Ms. M. Catsanos (The Crown) Ms. C. Davenport (The Offender) File Number(s): 2015/00224596