R v McCann [2024] NSWDC 493

District Court New South Wales

Medium Neutral Citation: R v McCann [2024] NSWDC 493 Hearing dates: 24 May 2024 31 May 2024 9 July 2024 Date of orders: 9 July 2024 Decision date: 09 July 2024 Jurisdiction: Criminal Before: Montgomery DCJ Decision: (1) The Offender is convicted of the sequence 4 offence. (2) In relation to the sequence 4 offence, the Offender is sentenced to a term of imprisonment of 3 years 1 month and 15 days, commencing 12 December 2022 with a non-parole period of 1 year and 6 months, expiring on 11 June 2024 and a balance term, expiring on 26 January 2026. (3) The Offender is convicted of the sequence 5 offence. (4) In relation to the sequence 5 offence, the Offender is sentenced to a fixed term of imprisonment, commencing 12 January 2024 and expiring 11 July 2024. (5) The Offender will be eligible for release to parole on 11 July 2024 and thereafter, until 26 January 2026 he is to comply with all reasonable directions of Corrective Services, including in regard to the requirements of any mental health plan, including direction to specialist forensic psychological services or a private psychologist and generally the Offender is to comply with the reasonable requirements of any treatment plan addressing the risks of his re-offending factors, including social detachment, presence of deviant sexual interests and use of pornography to achieve emotional and/or physical pleasure. I recommend that Community Corrections be provided with the report of Ms Kris North, forensic psychologist, dated 8 December 2023. I recommend that Community Corrections direct the Offender to professional psychological treatment as appropriate. Catchwords: CRIME — Child sex offences — Child abuse material — Using carriage service for child pornography material or child abuse material CRIME — Child sex offences — Child abuse material — A registrable person failing to comply with reporting obligations without reasonable excuse SENTENCING — Mitigating factors — Plea of guilty SENTENCING — Mitigating factors — Rehabilitation SENTENCING — Subjective considerations on sentence — Hardship — Hypervigilance with anxiety suffered from previous sexual assaults in prison Legislation Cited: Child Protection (Offenders Registration) Act 2000 (NSW), s 17(1) Crimes Act 1914 (Cth), ss 16A(1), 16A(2), 16A(2AAA), 16A(3), 16AAB(1), 16AAB(2), 16AAC(2), 16AAC(3), 16AB(2), 17A, 19AB(1), 19AB(3), 19AC, 19B, 20(1)(a), 20(1)(b), Crimes (Sentencing Procedure) Act 1999 (NSW), ss 3A, 25D(2)(a) Criminal Code (Cth), s 474.22(1) Cases Cited: Crane v R [2024] NSWCCA Hurt v R; Delzotto v R [2024] HCA 8 Phibbs v R [2023] VSCA 123 Category: Sentence Parties: Rex (Crown) Simon Paul McCann (Offender) Representation: Counsel: Ms Cassandra Hayden (Solicitor advocate for Crown) Mr Rajiv Baldeo (Offender)