R v Ferguson [2024] NSWDC 130

District Court New South Wales

Medium Neutral Citation: R v Ferguson [2024] NSWDC 130 Hearing dates: 28 March 2024 Date of orders: 28 March 2024 Decision date: 28 March 2024 Jurisdiction: Criminal Before: Fitzsimmons SC DCJ Decision: (1) In respect to the recognisance release order made by O'Brien DCJ on 26 September 2020; (a) Pursuant to s 20A(5)(c)(i), the recognisance release order is revoked. (b) The offender is to serve the balance of the term of imprisonment imposed by O'Brien DCJ of 8 months to date from today, 27 March 2024, and to expire on 26 November 2024. (2) In respect to the offence for which the offender has pleaded guilty he is convicted. (3) The offender is sentenced to a term of imprisonment of 3 years to date from 26 August 2024 and to expire on 25 August 2027. (4) Pursuant to s 21B of the Crimes Act 1914 after a period of 16 months the offender is to be released on a recognisance release order himself in the sum of $1,000 for the remaining period of 1 year 8 months on the condition that the offender will: (a) Be of good behaviour. (b) Be subject to the supervision of a probation and parole officer appointed in accordance with this order. (c) Obey all reasonable directions of a probation officer. (d) Not travel interstate or overseas without permission of the probation officer. (e) Not possess any mobile phone or access the internet by any means other than for the purposes arising from his medical conditions. (f) Undertake any treatment and rehabilitation programs the probation officer reasonably directs. (5) Pursuant to s 23ZD and upon the application by the DPP, the following item is forfeited to the Commonwealth: (a) One (1) Nubia Z7 phone (X004132313) Catchwords: CRIME - use a carriage service to access child abuse material – physical and intellectual disabilities - impact of the offender's poor health - previous offending for same offence – breach of previous recognisance release order – mandatory minimum term Legislation Cited: Child Protection (Offenders Registration) Act 2000, ss 16A(2AAA), 16AAB, 16AAC, 17A, 19 Commonwealth Criminal Code, s 474.22(1) Crimes Act 1914, ss 16A(2), 17A, 19, 20A(5), 20(1)(b)(ii) Cases Cited: Alkanaan v R [2017] NSWCCA 56 DC v R [2023] NSWCCA 82 DPP (Cth) v De La Rosa (2010) 79 NSWLR 1 Giles-Adams v R; Preca v R [2023] NSWCCA 122 Hall v R [2021] NSWCCA 220 Hesketh v R [2021] NSWCCA Hurt v R; Delzotto v R [2024] HCA 8 Muldrock v R (2011) 244 CLR 120 R v Burrell (2000) 114 A Crim R 207 R v MAK; R v MSK (2006) 167 A Crim R 159 R v Quick; ex parte Attorney-General (QLD) [2006] QCA 47 R v Hutchinson [2018] NSWCCA 152 R v Jones [2022] SASCA 105 R v Morris, unreported, 14 July 1995, NSWCCA R v Smith (1987) 44 SASR 587 Category: Sentence Parties: Rex Paul Mckenzie George Ferguson (Offender) Representation: Counsel Mr D Berents (Offender)