R v Turner [2024] NSWDC 214

District Court New South Wales

Medium Neutral Citation: R v Turner [2024] NSWDC 214 Hearing dates: 15 April 2024 Date of orders: 18 April 2024 Decision date: 18 April 2024 Jurisdiction: Criminal Before: King SC DCJ Decision: 1. The offender is convicted of the offence. 2. Pursuant to section 8(1) of the Crimes (Sentencing Procedure) Act 1999, I order the offender to comply with a Community Correction Order for a period of 3 years with standard conditions and supervision by Community Corrections to apply during the term of the order are as specified 3. Forfeiture Orders as per SMO. Catchwords: CRIMINAL – sentence - possess child abuse material –a total of 7,458 images found on offender's devices - random sample described as Category 1 and Category 2 CAM per the Interpol baseline – objective seriousness of offences – no evidence of further dissemination - offences disputed, "it's not abuse" – mental health issues – other subjective matters Legislation Cited: Crimes Act 1900 Crimes (Sentencing Procedure) Act 1999 Cases Cited: Minehan v R (2010) NSWCCA 140 Mouscis v R (2009) NSWCCA 181 Category: Sentence Parties: Rex Turner, Matthew Neil Representation: Counsel: Defence: Mr J McKenzie Solicitors: ODPP (NSW): Ms E Lyte Defence: Ms S Watts, Tony Cox Lawyers File Number(s): 2022/00370954

JUDGMENT 1. Matthew Turner appears for sentence in respect of a single offence of possess child abuse material contrary to s 91H(2) of the Crimes Act 1900. The maximum penalty provided is 10 years' imprisonment. There is no relevant standard non parole period. 2. He was committed for sentence on 21 September 2023 in the Local Court at Port Macquarie. He is accordingly entitled to a twenty-five per cent discount for the utility of the plea alone, which has been taken into account. I note that he was in custody from 8 to 9 December and that this in my view constitutes two days of custody to be taken into account. 3. The facts are agreed and are as follows; 1. In December 2022 police received intelligence relating to suspicious online activity by the offender and possible involvement in possession and dissemination of child abuse material (CAM). 2. On 8 December 2022 police attended premises in Table Street, Port Macquarie, and were met by the offender. 3. Police cautioned the offender and explained the search warrant and explained to the offender that they were searching for CAM. The offender replied, "Just because you call it child abuse, doesn't mean that's what it is. It's not abuse." The officer replied, "I am happy for you to explain yourself." The offender then said, "You're calling it something it's not. The laws are unjust. The laws are bullshit." 4. The officer then asked if police would find any CAM during their search, the offender replied, "No." He was given a copy of the owner occupier notice and said, "What you're doing is a ... violation of my human rights." The officer informed him that the search was court-ordered and lawful, and the offender then indicated, "He didn't consent to those laws." 5. During the search police located an unlocked iPhone in the offender's bedroom. Police adjusted the settings so that the phone would not lock. The offender was asked for the code but refused to provide it. A preliminary search of the device depicted Category 1 and Category 2 CAM as per the Interpol baseline. The officer cautioned the offender again and arrested him. Police continued to search and seized the offender's electronic devices.