R v Cridland [2024] NSWDC 408

District Court New South Wales

Medium Neutral Citation: R v Cridland [2024] NSWDC 408 Hearing dates: 25 July 2024 Date of orders: 9 August 2024 Decision date: 09 August 2024 Jurisdiction: Criminal Before: Tupman DCJ Decision: 1. Offender is convicted. 2. For sequence 1, offender sentenced to a CCO for 3 years. 3. For sequence 2, offender sentenced to a CCO for 18 months. Catchwords: CRIME – sentence – two offences – possess child abuse material – s91H(2) Crimes Act 1900 – maximum penalty 10 years imprisonment – possess bestiality material – s547E(2) Crimes Act 1900 – maximum penalty 3 years imprisonment EAGP SCHEME – delayed 1 year in Local Court – 11 mentions before committal – pleas of guilty inevitable – waste of court resources OFFENCE – NSW Police Child Exploitation Unit – discovered downloads by offender of CAM over 5 days in March 2023 – search warrant – devices seized and examined – CAM found – offender arrested April 2023 – 213 images and videos category 1 – 315 images and videos category 2 – 17 images and videos bestiality material OBJECTIVE SERIOUSNESS – sequence 1 – lower range – not victimless crimes – real children depicted – damage done to children is profound – fuels fantasies of child sexual assault offenders – short period of time – possession in circumstances where CAM embedded in enormous volumes of downloaded electronic material – majority was legal pornography, movies and television shows – offender viewed the material – did not intentionally seek out – sequence 2 – below mid-range – new offence – involved real adults and children engaging in sexual acts with animals – downloaded in similar way SUBJECTIVE FACTORS – aged 39 – no criminal record – intelligent with tertiary qualifications – never had an intimate relationship – lives in state of social isolation – experienced emotional and physical abuse from father – depression and anxiety – receipt of psychiatric and psychological care – severe obesity requiring sleeve gastrectomy – suffered severe back injury – developed dependence on painkiller medication – dulled ability to make proper judgements – financially and emotionally supported by mother since arrest – diagnosed with multiple psychiatric conditions – offending arose in context of offender's social isolation – maladaptive method of coping with conditions – began downloading large amounts of material during COVID – form of digital hoarding – relieved anxiety and form of distraction – apology letter to the Court – indicative of serious mental illnesses SENTENCE – sequence 1 – early plea – 25% discount – expressed real remorse and contrition – good prospects of rehabilitation – medium low risk of reoffending – threshold not crossed – exceptional case – CCO – sequence 2 – threshold not crossed – CCO Legislation Cited: Crimes Act 1900 (NSW): ss 79, 91H(2), 547E(2) Crimes (Sentencing Procedure) Act 1999 (NSW): ss 5, 67(1)(b) Cases Cited: R v Chesworth [2023] NSWCCA 115 R v De Leeuw [2015] NSWCCA 183 R v Ebejer [2020] NSWDC 473 R v Porte [2015] NSWCCA 174 Minehan v R [2010] NSWCCA 140 Category: Sentence Parties: Rex (Crown) Bede Cridland (Offender) Representation: Counsel: R Steward (Offender)