R v Hunter [2022] NSWDC 631

District Court New South Wales

Medium Neutral Citation: R v Hunter [2022] NSWDC 631 Hearing dates: Thursday 3 March 2022; Friday 1 July 2022 Date of orders: Friday 9 September 2022 Decision date: 09 September 2022 Jurisdiction: Criminal Before: Tupman DCJ Decision: (1) For all offences, the offender is convicted. (2) The offender is sentenced to an aggregate sentence pursuant to s 53A of the Crimes (Sentencing Procedure) Act 1999 (NSW) of 8 years and 6 months. I specify a single non-parole period of 5 years and 6 months. (3) Form 1 offences taken into account. (4) Orders made in terms of the forfeiture order pursuant to s 23Z(D) of the Crimes Act 1914 (Cth). Catchwords: CRIME — Child sex offences — Child abuse material — Using carriage service to access, possess and disseminate child abuse material — 16 substantive offences and 9 Form 1 offences — Maximum penalty of 30 years imprisonment with mandatory minimum of 7 years — Charges cover 23 separate occasions of offending conduct — Offender pleaded guilty in Local Court — Videos and images of children between the ages of 1 and 17 falling in Category 1 and 2 — Offender used instant message application called Kik to communicate with other people who he would obtain child abuse material from and with whom he would share abuse material with — Offender cooperated with police and offered information regarding his offending conduct — Offender has no prior criminal convictions — Offender is a low risk of sexual-contact offending against children but a low to moderate risk for committing further child exploitation material offences. Legislation Cited: Crimes (Sentencing Procedure) Act 1999 (NSW): s 53A. Crimes Act 1914 (Cth): ss 16A, 16A(2), 16AAA, 16BA, 16AAC, 23Z(D). Criminal Code Act 1995 (Cth): 474.22(1), 474.22(1)(a)(iii), 474.24A, 474.24A(1). Cases Cited: Bahar v The Queen (2011) 45 WAR 110; [2011] WASCA 249. Minehan v R [2010] NSWCCA 140. R v Delzotto [2022] NSWCCA 117. R v McNaughton [2006] NSWCCA 242; 66 NSWLR 566. Category: Sentence Parties: Regina (The Queen) Daniel Hunter (The Offender) Representation: Counsel: Ms. G. Mahony (The Crown)