R v Filmer [2024] NSWDC 609

District Court New South Wales

Medium Neutral Citation: R v Filmer [2024] NSWDC 609 Hearing dates: 11 October 2024 Date of orders: 31 October 2024 Decision date: 31 October 2024 Jurisdiction: Criminal Before: Scotting DCJ Decision: 1 Nicholas Peter Filmer is convicted. 2 I impose an aggregate term of imprisonment of 2 years to date from 31 October 2024 and expiring on 30 October 2026. 3 Pursuant to s 20(1)(b) Crimes Act 1914 (Cth), I order that the offender be immediately released on entering into a recognisance in the sum of $1,000 to be of good behaviour for 3 years. The further conditions of the recognisance that will apply for 3 years from today are that: (a) the offender accepts the supervision of a Community Corrections Officer; (b) the offender obeys all reasonable directions from Community Corrections; (c) the offender is not to travel overseas or interstate without the written permission of Community Corrections; and (d) the offender to undertake such treatment or rehabilitation program as reasonably directed by Community Corrections. Catchwords: CRIME — Child sex offences — Child abuse material — Using carriage service for child pornography material or child abuse material CRIME — Child sex offences — Using carriage service to groom person <16 years for sexual activity Legislation Cited: Crimes Act 1914 (Cth) Criminal Code 1995 (Cth) Cases Cited: Johnson v The Queen (2004) 78 ALJR 616 R v El Karhani (1990) 21 NSWLR 370 R v Olbrich (1999) 199 CLR 270 Category: Sentence Parties: Rex (Crown) Nicholas Filmer (Offender) Representation: Counsel: D New (Crown) M Cunneen SC (Offender)