R v Finch [2022] NSWDC 578

District Court New South Wales

Medium Neutral Citation: R v Finch [2022] NSWDC 578 Hearing dates: 17 and 18 October 2022 Date of orders: 23 November 2022 Decision date: 23 November 2022 Jurisdiction: Criminal Before: Mahony SC DCJ Decision: Sentence of imprisonment with recognizance release order for immediate release – For orders see [181] – [182]. Catchwords: CRIME – use carriage service to make available child abuse material – sentence. Legislation Cited: Criminal Code 1995 (Cth) Crimes Act 1914 (Cth) Crimes (Sentencing Procedure) Act 1999 (NSW) Cases Cited: DPP (Cth) v De La Rosa (2010) NSWLR 1; [2010] NSWCCA 194 DPP (Cth) v Garside [2016] VSCA 74 Einfeld v R (2010) 266 ALR 598; [2010] NSWCCA 87 R (Cth) v Nafarette [2022] NSWDC 225 R (Cth) v Simonet, unreported NSWDC 7 July 202 R v Burton [2020] NSWCCA 127 R v Delzotto [2022] NSWCCA 117 R v Edwards [2019] QCA 15 R v Henry (1999) NSWLR 346; [1999] NSWCCA 111 R v Hutchinson [2018] NSWCCA 152 R v Wran [2016] NSWSC 1015 Western Australia v Collier (2007) 178 A Crim R 310; [2007] WASCA 250 Category: Sentence Parties: Commonwealth Director of Public Prosecution (Crown) Brett John Finch (Offender) Representation: Crown Counsel: Mr Jordan

Defence Counsel: Mr N Smith File Number(s): 21/353905 Publication restriction: The Court notes a suppression order made on 5 November 2021 in the County Court of Victoria prohibiting the publication of any information identifying the person referred to herein as RB, or his whereabouts. The order extends to publication anywhere in Australia and is extant until 22 May 2031. Further, the schedule to these Remarks on sentence is to be marked "Not for Publication". I make an order that the content of the schedule is not to be published pursuant to s7(b) of the Court Suppression and Non-Publication Orders Act 2010.