R v Selby [2022] NSWDC 583

District Court New South Wales

Medium Neutral Citation: R v Selby [2022] NSWDC 583 Hearing dates: 26 September 2022 Date of orders: 24 November 2022 Decision date: 24 November 2022 Jurisdiction: Criminal Before: Mahony SC DCJ Decision: Full-time custodial sentence. For orders see [164]. Catchwords: CRIME – sentence – possess or control child abuse material – use carriage service to access child abuse material – use carriage service to transmit child pornography material – use carriage service to produce child abuse material with intention that the material by used by another person to commit an offence against 474.22 – s16BA schedule offence Legislation Cited: Crimes Act 1914 (Cth) Crimes (Sentencing Procedure) Act 1999 Criminal Code 1995 (Cth) Cases Cited: DPP v Smith [2010] VSCA 215 Minehan v R (2010) 201 A Crim R 243; [2010] NSWCCA 140 R v Burton [2020] NSWCCA 127 R v Cahyadi [2007] NSWCCA 1 R v Edwards [2019] QCA 15 R v Fuller [2010] NSWCCA 192 R v Hutchinson [2018] NSWCCA 152 Category: Sentence Parties: Commonwealth Director of Public Prosecutions (Crown) James Ronald Selby Representation: Counsel: P. McEniery (Crown) M. McAuliffe (Offender) File Number(s): 2021/266233 Publication restriction: 1. Pursuant to ss 7(a), 8(1)(c)(d) and (e) of the Court Suppression and Non-Publication Orders Act 2010 (NSW), ("the Act") the publication of information tending to reveal the identity of James Ronald SELBY's (the Offender) nephew, or that there is any allegation of offending involving the Offender's nephew (who is under the age of 18 years), including but not limited to, the matters at paragraphs [5(xi)], [5(xii)], [5(xiii)] and [24] of the Agreed Statement of Facts tendered by the Crown at the sentence hearing, is prohibited. The order includes paragraphs [6(x)-(xiii)], [11], [55], [76] and [136].