R v Dorsett [2024] NSWDC 641

District Court New South Wales

Medium Neutral Citation: R v Dorsett [2024] NSWDC 641 Hearing dates: 3 September 2024 6 September 2024 Decision date: 16 September 2024 Jurisdiction: Criminal Before: King SC DCJ Decision: Convicted on each offence. SEQ 001 & SEQ 005: [25% discount for plea.] Special circumstances found – need for a longer period on supervised parole to obtain psychological and/or psychiatric counselling and/or treatment to cease accessing & possessing such material, to assist with his issues, and support his transition to a law-abiding life in the community. Indicative sentences: SEQ 001: 3 years & 6 months SEQ 005: 3 years & 6 months

Aggregate sentence:

Sentenced to a term of imprisonment of 4 years with a NPP of 2 years to commence on 16 September 2024 and to expire on 15 September 2026, upon which date he will become eligible for parole, and a balance of term of 2 years to commence on 16 September 2026 and to expire on 15 September 2028. SEQ 004: [25% discount for plea] Sentenced to a term of imprisonment for 6 months commencing on 16 September 2024 and expiring on 15 March 2025. Sentences to be served concurrently. Forfeiture order made in respect of the mobile phone. (1 x RealMe Phone IMEI 868100438354 ) Catchwords: CRIME – Sentencing - NSW offence - possess bestiality material – where quantity of material in offender's possession very small, though depraved & highly offensive - lower end of objective seriousness CRIME - Sentencing – Commonwealth offences - use carriage service to access child abuse material - possess child abuse material obtained using a carriage service – consideration given to degree of overlap in offences charged – where images mostly of prepubescent children - offender's persistent and consistent denial and minimisation of his engagement with material - claims to possess but not access files depicting prepubescent children, or torture, & to delete them whenever he found them - where quantity of material voluminous (totalling 35,339 media files) & significant, some "in the highest category of depravity" but sample size small (1000 files) to protect investigators - factors relevant to assessing objective seriousness of each offence – where crimes are internet-based international, prevalent & difficult to detect - deterrence – remorse and contrition - subjective matters Legislation Cited: Crimes Act 1900 (NSW) Crimes Act 1914 (Cth) Criminal Code Act 1995 (Cth) Cases Cited: Lazarus v R [2023] NSWCCA 214 R v Hutchinson [2018] NSWCCA152 Category: Sentence Parties: Rex Dorsett, Rickie Chase Representation: Counsel: Crown: Mr E McGinness, Defence: Mr J McKenzie