R v Niezner [2022] NSWDC 668

District Court New South Wales

Medium Neutral Citation: R v Niezner [2022] NSWDC 668 Hearing dates: 12 October & 11 November 2022 Date of orders: 02 December 2022 Decision date: 02 December 2022 Jurisdiction: Criminal Before: Bennett SC DCJ Decision: (1) Specify a term of imprisonment of 2 years 6 months to commence from today (2) Pursuant to s 20(1)(b)(ii) Crimes Act 1914 (Cth) order the offender's immediate release upon entering a recognizance release order himself in the sum of $3000 without security, to be of good behaviour for 5 years and including additional conditions Catchwords: CRIME — Child sex offences — Child abuse material — Using carriage service to make available child abuse material SENTENCING — Penalties — Recognizance Release Order Legislation Cited: Crimes Act 1914 Crimes (Sentencing Procedure) Act 1999 Criminal Code Act 1995 (Cth) Cases Cited: DPP (Cth) v De La Rosa [2010] NSWLR 1 Imbornone v R [2017] NSWCCA 144 Minehan v R [2010] NSWCCA 140 R v Burton [2020] NSWCCA 127 R v Edwards [2019] QCA 15 R v Finch [2022] NSWDC 578 R v Hutchinson [2018] NSWCCA 152 R v Lozinski [2022] NSWDC 487 Category: Sentence Parties: Rex (Commonwealth) Henri Niezner (Offender) Representation: Hayley Grey (Solicitor for the CDPP) Paul Ye (Counsel for the Offender)

C'th Director of Public Prosecutions (Crown) Legal Aid NSW (Offender) File Number(s): 2021/00317678 Publication restriction: Note there is a non-publication order extant for the name of the offender arrested and sentenced in Victoria with whom this offender (Niezner) had been communicating with on Fastmeet