R v Meza Isla [2024] NSWDC 526

District Court New South Wales

Medium Neutral Citation: R v Meza Isla [2024] NSWDC 526 Hearing dates: 28 October 2024 Date of orders: 8 November 2024 Decision date: 08 November 2024 Jurisdiction: Criminal Before: Newlinds SC DCJ Decision: (1) For the State offences, Seq 2 and 8, impose an aggregate sentence of imprisonment of a fixed-term of 1 year 6 months commencing 4/8/2023. This term has been reduced by a discount of 25 per cent for the plea of guilty. (2) For the Commonwealth offence, Seq 1, indicate a sentence of imprisonment consisting of a non-parole period of 2 years 3 months commencing from 4/8/2024 and a head sentence of 3 years. This term has been reduced by a discount of 25 per cent for the plea of guilty. (3) For the Commonwealth offence, Seq 27, taking into account the s 16BA matter attached, indicate a sentence of imprisonment consisting of a non-parole period of 1 year 8 months commencing from 4/5/2026 and a head sentence of 2 years 3 months. This term has been reduced by a discount of 25 per cent for the plea of guilty. (4) An aggregate sentence for the Commonwealth offences, sequences 1 and 27, also taking into account the s 16BA matters, of a term of 3 years and 6 months, commencing 4 Feb 2025 and expiring 3 Aug 2028. There will be a non-parole period of 2 years and 3 months to commence 4 February 2025 and expire 3 May 2027. (5) The overall effective sentence is a head sentence of 5 years commencing 4 August 2023, and a non-parole period of 3 years and 9 months commencing 4 August 2023. The Offender will become eligible to be released on parole on 3 May 2027. Catchwords: CRIME — Child sex offences — Child abuse material — Using carriage service for child pornography material or child abuse material – Production/Dissemination/Possession CRIME – Bestiality material – Possession or dissemination of bestiality material an offence under s 547E of Crimes Act 1900 (NSW) Legislation Cited: Crimes Act 1914 (Cth) s 16A; s 16BA; s 17A; s 19: s 20(1)(b)(ii); s 23ZD Crimes (Sentencing and Procedure) Act 1999 (NSW) s 3A; s 5; s 21A The Criminal Code (Cth) s 474.22; s 474.23 Crimes Act 1900 (NSW) s 79; s 547E Cases Cited: Chesworth v R [2023] NSWCCA 115 Pearce v The Queen (1998) 194 CLR 610 Director of Public Prosecutions (Cth) v Garside [2016] VSCA 74 Category: Sentence Parties: Commonwealth Director of Public Prosecutions (Crown) Gustavo Adolfo Meza Isla (Offender) Representation: Counsel: V Barros Goncalves (Crown) S Schaudin (Offender)