R v Coomber [2024] NSWDC 579

District Court New South Wales

Medium Neutral Citation: R v Coomber [2024] NSWDC 579 Hearing dates: 28 November 2024 Date of orders: 6 December 2024 Decision date: 06 December 2024 Jurisdiction: Criminal Before: Newlinds SC DCJ Decision: (1) The Offender is convicted. (2) For the sequence 3 offence, taking into account the s 16BA matter and having deducted 25% for the plea of guilty, the Offender is sentenced to a period of imprisonment of 3 years commencing 20 November 2024 and expiring 19 November 2027. (3) Being satisfied that there are exceptional circumstances, I order, pursuant to s 20(1)(b) of the Crimes Act 1914 (Cth), the Offender be released forthwith on a Recognizance Release Order for a period of 3 years, commencing 6 December 2024, upon giving security himself in the sum of $5,000 upon the conditions found at para [75] (4) For the sequence 1 offence, I impose a Community Correction Order for 3 years commencing 6 December 2024 on the same conditions as set out at [75]. Catchwords: CRIME — Child sex offences — Child abuse material — Using carriage service for child pornography material or child abuse material – Intentionally import tier 2 goods without approval. SENTENCING — Federal offenders — Relevant considerations Legislation Cited: Crimes (Sentence Procedure) Act 1999 (NSW) s 3A; s 5; s 21A; s 25D Crimes Act 1914 (Cth) s 3; s 16A; s 16BA; s 17A; s 20(1)(b) Customs Act 1901 (Cth) s 233BAB(5) Criminal Code (Cth) s 474.22A(1); Crimes Act 1900 (NSW) s 91H(2); Child Protection (Offender Registration) Act 2000 (NSW) s 9 Cases Cited: Crowder (a pseudonym) v The King [2024] VSCA 211 R v Bredal [2024] NSWCCA 75 R v Clarkson [2011] VSCA 157 R v Hutchison [2018] NSWCCA 152 R v Porte [2015] NSWCCA 174 Category: Sentence Parties: Director of Public Prosecutions (Cth) (Crown) Richard Trayton Coomber (Offender) Representation: Counsel: D Jordan (Crown) S Flood SC (Offender)