R v Pollard [2023] NSWDC 36

District Court New South Wales

Medium Neutral Citation: R v Pollard [2023] NSWDC 36 Hearing dates: 2 February 2023 Date of orders: 24 February 2023 Decision date: 24 February 2023 Jurisdiction: Criminal Before: Mahony SC DCJ Decision: Full-time custodial order. For orders see [76] Catchwords: CRIME – sentence - possess/control child abuse material – use carriage service to transmit/publish/promote child abuse material – fail to comply with reporting obligations. Legislation Cited: Child Protection (Offender's Registration) Act 2000 (NSW) Criminal Code 1995 (Cth) Crimes Act 1914 (Cth) Category: Sentence Parties: Graham Edward Pollard (Offender) Commonwealth Director of Public Prosecutions (Crown) Representation: Counsel: S. Dayeian (Offender)

Solicitors: R. Ogden (Crown) File Number(s): 2021/158473

Remarks on sentence 1. The offender is to be sentenced in respect of the following two offences to which he has pleaded guilty:- 1. Count 1 - an offence pursuant to s474.22(1) of the Criminal Code 1995 (Cth) ("the Criminal Code") that he on 6 May 2020 at Malabar in the State of NSW transmitted material, using a carriage service, the material being child abuse material. The maximum penalty for this offence is 15 years imprisonment. 1. Count 2 - an offence pursuant to s474.22A(1) of the Criminal Code that he on 7 May 2020 at Malabar in the state of NSW possessed or controlled material, being child abuse material, in the form of data held in a computer or contained in a data storage device and he used a carriage service to obtain or access the material. The maximum penalty for this offence is 15 years imprisonment.