R v West [2023] NSWDC 614

District Court New South Wales

Medium Neutral Citation: R v West [2023] NSWDC 614 Hearing dates: 11/8/23, 18/8/23 Date of orders: 18/9/23 Decision date: 18 September 2023 Jurisdiction: Criminal Before: Bourke SC DCJ Decision: For the Commonwealth offences, I impose an aggregate head sentence of 3 years imprisonment (30/9/21-29/9/24). I decline to set a Recognisance Release Order as the offender will remain in custody by reason of the sentence imposed for the State offences. The indicative sentences are (25 percent discount taken into account) Seq 1 (Possess child abuse material) – 2 years 3 months Seq 7 (Access child abuse material) – 1 year 6 months Seq 9 (Transmit child abuse material) – 1 year 6 months Seq 16 (Transmit child abuse material) – 1 year 7 months For the State offences, I impose an aggregate term of imprisonment of 7 years 9 months (30/9/22-29/6/30) with a NPP of 5 years 4 months (30/9/22-29/1/28). I find special circumstances. The indicative sentences are: Seq 8-14 (Sexual intercourse with child under 10 years) – 3 years 9 months with NPP 2 years 8 months (50 percent discount taken into account). Seq 15 (Incite child under 10 to do sexual act) – 9 months (50 percent discount taken into account) Seq 11 (Use child to produce child abuse material) – 1 year 6 months with NPP 13 months (25 percent discount taken into account) Seq 12 (Use child to produce child abuse material) – 1 year 8 months with NPP 14 months (25 percent discount taken into account) Seq 15 (Use child to produce child abuse material) – 1 year 7 months with NPP 14 months (25 percent discount taken into account). Therefore, the total effective head sentence is 8 years 9 months (30/9/21-29/6/30) and the total effective non-parole period is 6 years 4 months (30/9/21-29/1/28). Catchwords: Crime – Sentence – State and Commonwealth offences - Sexual intercourse with child under 10 years – Use child under the age of 14 years to produce child abuse material – Possess child abuse material obtained using a carriage service – Use carriage service to access child abuse material – Use carriage service to transmit child abuse material Legislation Cited: Crimes Act 1900 Crimes Act 1914 Crimes (Sentencing Procedure) Act 1999 Cases Cited: Bugmy v The Queen (2013) 302 ALR 192 Commonwealth Director of Public Prosecutions v De La Rosa [2010] NSWCCA 194 DPP v Burton [2020] NSWCCA 54 R v Hutchinson [2018] NSWCCA 152 Category: Sentence Parties: NSW DPP – Crown Zack West - Offender Representation: Ms J Kelton for Crown Ms B Epstein for Offender File Number(s): 21/279011 22/73106 Publication restriction: Statutory non-publication of the identities of the victims