R v EC [2024] NSWDC 458

District Court New South Wales

Medium Neutral Citation: R v EC [2024] NSWDC 458 Hearing dates: 25 and 27 September 2024 Date of orders: 27 September 2024 Decision date: 27 September 2024 Jurisdiction: Criminal Before: Anderson SC DCJ Decision: (1) EC is convicted of each offence. (2) With respect to sequences 3, 4, 5 and 6, you are convicted, and no further penalty will be imposed, pursuant to s 10A of the Crimes (Sentencing Procedure) Act. (3) With respect to sequence 1, you are sentenced to a term of imprisonment of two months. That sentence is to date from 25 September 2024 and will expire on 24 November 2024. (4) With respect to sequence 2, you are sentenced to a term of imprisonment of four months. That sentence is to start from 25 October 2024 and will expire on 24 February 2025. (5) With respect to sequence 7, you are sentenced to a term of imprisonment of two years. The sentence is to date from 25 November 2024 and will expire 24 November 2026. (6) With respect to sequence 7, pursuant to s 20(1)(b) and s 20(1B) of the Crimes Act, after a period of 12 months you are to be released on a recognizance in the sum of $500 for the remaining 12 months of that sentence. (i) Firstly, you are to be of good behaviour. (ii) Secondly, you must be subject to the supervision of a Probation and Parole officer, appointed in accordance with this order. (iii) Thirdly, you must obey all reasonable directions of that Probation officer. (iv) Fourthly, you must undertake a rehabilitation program designed for offenders convicted of sexual offences, in addition to any other rehabilitation program that the Probation officer directs you to undertake. (v) Not travel interstate or overseas without the written permission of the probation officer. (7) You are to be released onto this recognizance from custody on 24 November 2025. (8) Pursuant to s 23ZD of the Crimes Act and upon the application of the Commonwealth Director of Public Prosecutions, the mobile phone belonging to you and the HP laptop computer, seized by investigators on 13 March 2023, is forfeited to the Commonwealth. (9) Finally, I will direct that the report of Dr Kim Dilati be provided to Corrective Services to assist with the management of the offender while in custody. Catchwords: CRIME – sentence – child pornography – sharing of intimate images - "revenge porn" – image based abuse - Commonwealth and NSW offences Legislation Cited: Criminal Code Act 1995 (Cth) Crimes Act 1914 (Cth) Crimes Act 1900 (NSW) Criminal Procedure Act 1986 (NSW) Crimes (Sentencing Procedure) Act 1999 (NSW) Drug Misuse and Trafficking Act 1985 (NSW) Poisons and Therapeutic Goods Act 1966 (NSW) Cases Cited: Bugmy v R (2013) 249 CLR 571 Director of Public Prosecutions (Cth) v Garside [2016] VSCA 74 Minehan v R [2010] NSWCCA 140 Category: Sentence Parties: EC (Offender) Commonwealth Director of Public Prosecutions (Crown) Representation: Counsel: Ms S McKensey (Offender) Mr J Fennel (Crown)