R v Donaldson [2023] NSWDC 337

District Court New South Wales

Medium Neutral Citation: R v Donaldson [2023] NSWDC 337 Hearing dates: 10/3/23 Date of orders: 10/3/23 Decision date: 10 March 2023 Jurisdiction: Criminal Before: Bourke SC DCJ Decision: I allow a 25 percent discount for the plea of guilty.

Convicted and sentenced to a term of imprisonment for a period of 12 months. I order, however, that he be released forthwith, upon a Recognisance Release Order, after entering a self-recognisance in the amount of $500, subject to the following conditions:

1. Be of good behaviour for 3 years.

2. Be subject to the supervision of Community Corrections.

3. Obey the reasonable directions of Community Corrections.

4. Not travel interstate or overseas without the written permission of Community Corrections.

5. Undertake such treatment or other rehabilitation or counselling as is reasonably directed by Community Corrections.

I direct that offender report to the Penrith office of Community Corrections within 7 days.

I direct that a copy of the report of Istvan Schreiner dated 30/10/22 be sent to Community Corrections. Catchwords: Crime – Sentence – Commonwealth offences – Transmit child abuse material using a carriage service Legislation Cited: Commonwealth Criminal Code Crimes Act 1914 Cases Cited: R v Porte (2015) NSWCCA 174 Minehan v R (2010) NSWCCA 140 R v Hutchinson (2019) NSWCCA 152 R (Commonwealth) v Nafarette (2022) NSWDC 225 Category: Sentence Parties: Commonwealth DPP – Crown Bruce Ian Donaldson - Offender Representation: Ms M Grawich for Crown Mr B Walker for Offender File Number(s): 22/77285