NSW Caselaw
District Court New South Wales
Medium Neutral Citation: R v Corbett [2023] NSWDC 248 Hearing dates: 27 April 2023 Decision date: 12 May 2023 Jurisdiction: Criminal Before: King SC DCJ Decision: SEQ 001: The offender, Nathan James CORBETT, is sentenced a term of imprisonment of 9 months to commence on 12 May 2023 and expiring on 11 February 2024 Execution of the sentence is wholly suspended upon the condition that the offender enter into a recognizance self in the sum of $1000.00 without security To comply with the following conditions: (a) that the offender is to be of good behaviour for a period of 2 years to date from 12 May 2023 (b) that the offender is to comply with the following further conditions: Supervision to ensure continuation of psychological or psychiatric counselling To obey the orders of Pauline Jeffress and/or any other appointed Community Corrections Officer Not to travel interstate or overseas without the written permission of the probation officer. SEQ 002: Taken into account under Schedule 16BA I make forfeiture orders as per the Short Minutes of Order handed up in court and signed by me today. Catchwords: CRIMINAL – sentence – transmit child pornography material using a carriage service - solicit child abuse material using a carriage service – seriousness of offences – deterrence – paramount public interest in promoting protection of children - subjective matters Legislation Cited: Crimes Act 1914 Crimes Legislation Amendment (Sexual Crimes Against Children & Community Protection Measures) Act 2020 Criminal Code Act 1995 Cases Cited: Assheton v R (2002) 132 A Crim R 237 Attorney General's Application Under s 37 of the Crimes (Sentencing Procedure) Act 1999, No 1 of (2002) 56 NSWLR 14 DPP v Garside [2016] VSCA 74 Gifford v R [2016] NSWCCA 302 Markarian v R (2005) 228 CLR 357 Minehan v R (2010) 201 A Crim R 243 R v Gent (2005) 162 A Crim R 29 R v Hutchinson [2018] NSWCCA 152 R v Jones (1999) 108 A Crim 50 Tector v R [2008] NSWCCA 151 Category: Sentence Parties: Rex Corbett, Nathan James Representation: Counsel: Cr: Ms D New Def: Mr L Fernandez
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