R v LOPES [2023] NSWDC 320

District Court New South Wales

Medium Neutral Citation: R v LOPES [2023] NSWDC 320 Hearing dates: 17 August 2023 Decision date: 17 August 2023 Jurisdiction: Criminal Before: NOMAN SC DCJ Decision: The offender is sentenced to 9 months imprisonment. The offender is to be released forthwith upon entering into a recognizance in the sum of $200 conditioned to be of good behaviour for a period of 2 years. Further conditioned to: (a) be subject to the supervision of a probation officer appointed in accordance with the order; and (b) obey all reasonable directions of the probation officer; and (c) not travel interstate or overseas without the written permission of the probation officer; and (d) undertake such treatment or rehabilitation programs that the probation officer reasonably directs; and (e) report to City Community Corrections office within 7 days. Although there is a term of imprisonment, this order results in the offender's immediate release into the community of a recognisance to be of good behaviour. The Court orders that, pursuant to section 23ZD of the Crimes Act 1914 (Cth) and upon the application of the Commonwealth Director of Public Prosecutions, the Apple iPhone 6 is forfeited to the Commonwealth. Catchwords: SENTENCING – Federal offenders – distribute child abuse material outside Australia – penalties - recognisance Legislation Cited: s 273.6(1)(a)(ii) Criminal Code Act 1995 (Commonwealth) Cases Cited: R v Hutchison [2018] NSWCCA 152 Category: Sentence Parties: Rex; Edison Lopes Representation: Counsel: Defence: Mr M Fordham