NSW Caselaw
District Court New South Wales
Medium Neutral Citation: R v Bentley [2024] NSWDC 266 Hearing dates: 16 April 2024 Decision date: 02 May 2024 Jurisdiction: Criminal Before: King SC DCJ Decision: Convicted of each offence. 25% discount to apply in each case. Sentenced as follows to a total term of imprisonment of 7 years which is to commence on 22 September 2021 and to expire on 21 September 2028, comprising a total non-parole period of 4 years and 8 months expiring on 21 May 2026, on which date he will become eligible for parole, and a parole period/balance of term of 2 years and 4 months. SEQ 2: 9 months' imprisonment from 22 September 2021 - 21 June 2022 SEQ 3: 3 years' imprisonment from 22 December 2021 - 21 December 2024 SEQ 8: 3 years' imprisonment from 22 June 2022 - 21 June 2025 SEQ 9: 3 years & 9 months' imprisonment from 22 December 2022 to 21 September 2026. SEQ 13: 5 years & 3 months' imprisonment from 22 June 2023 to 21 September 2028. I make the forfeiture order as per the SMO d 2 May 2024. Catchwords: CRIMINAL– sentence - use carriage service to access child abuse material (x3) - possess or control child abuse material obtained using a carriage service(x2) –seriousness of offences- some material "of the highest degree of offensiveness and depravity" – effect of s16AAB re aggregation of sentences- applicable mandatory minimum term for 3 offences due to previous relevant convictions – subjective matters Legislation Cited: Child Protection (Offender Registration) Act 2000 Crimes Act 1900 (NSW) Crimes Act 1914 Crimes (Sentencing Procedure) Act 1999 Criminal Code Act 1995 Cases Cited: DPP (CBH) v Beattie [2017] NSWCCA 303 Patel v The Queen [2022] NSWCCA 93, Pearce v The Queen [1998] HCA 57 R v Delzotto [2022] NSWCCA 117 R v Bentley (District Court (NSW) Toner J, 1 March 2017, unrep) Category: Sentence Parties: Regina Bentley, Bruce Representation: Counsel: Crown: Mr K Ng, CDPP Defence: Mr J McKenzie Solicitors: Crown: Mr S Shah, CDPP Defence: Mr T Scott, Scott Murrell Lawyers File Number(s): 2021/00017283
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