R v Mannah [2023] NSWDC 96

District Court New South Wales

Medium Neutral Citation: R v Mannah [2023] NSWDC 96 Hearing dates: 21/9/22-30/9/22, 29/11/22, 20/1/23 Date of orders: 20/1/23 Decision date: 20 January 2023 Jurisdiction: Criminal Before: Bourke SC DCJ Decision: I sentence the offender to a period of 12 months imprisonment, but order, pursuant to s. 20(1)(b) that he be released, after serving a period of 4 months, on a Recognisance Release Order for a period of 2 years upon giving security in the amount of $100. The sentence will commence on 19/1/23. The period of 4 months will expire on 18/5/23. The Recognisance Release Order will be subject to the following conditions: 1. Be of good behaviour. 2. Be subject to the supervision of a probation officer. 3. Comply with any referral by the probation officer to a Corrective Services NSW Forensic Psychologist for a Sex Offender Supervision Assessment. 4. Undertake such treatment or rehabilitation programs as the probation officer reasonably directs. 5. Obey all other reasonable directions of the probation officer. 6. Not travel interstate or overseas without the written permission of the probation officer. Catchwords: Crime – Sentence – Commonwealth offences – Use carriage service to access child abuse material Legislation Cited: Commonwealth Criminal Code Crimes Act 1914 (Cth) Cases Cited: Hili and Jones v R [2010] 242 CLR 520 R v Clarkson [2011] 32 VR 361 R v Hutchinson [2018] NSWCCA 152 R v Porte [2015] NSWCCA 174 R v Skinner [2016] 126 SASR 120 Totaan v R [2022] NSWCCA 75 Western Australia v Collier (2007) 179 A Crim R 310 Category: Sentence Parties: Commonwealth DPP – Crown Michael Anthony Mannah - Offender Representation: Mr L Fernandez and Ms C Akthar for Crown Mr M Johnston for Offender File Number(s): 21/20081