CDPP v Michael Patrick LE GAY BRERETON [2025] NSWDC 46

District Court New South Wales

Medium Neutral Citation: CDPP v Michael Patrick LE GAY BRERETON [2025] NSWDC 46 Hearing dates: 7 March 2025 Date of orders: 7 March 2025 Decision date: 07 March 2025 Jurisdiction: Criminal Before: Everson SC, DCJ Decision: 1. The offender Michael Patrick LE GAY BRERETON is convicted. 2. I impose a term of imprisonment of 2 years to date from 5 September 2024 and expiring on 4 September 2026. 3. The offender is to be released forthwith upon entering into a recognisance in the sum of $1,000 to be of good behaviour for 1 year and 6 months. The further conditions of the recognisance are: i. the offender accepts supervision by an officer of Community Corrections; ii. the offender obeys all reasonable directions from Community Corrections; iii. the offender is to undertake such treatment or rehabilitation program as reasonably directed by Community Corrections. 4. If the offender fails to comply with the conditions of the recognisance release order, further action may be taken against him. This may require the offender to return to Court. 5. I order the forfeiture of the child-like sex doll that was tendered in evidence by the Crown at trial. 6. I refuse the prosecutor's application for an order under 3D of the Child Protection (Offenders Registration) Act 2000 (NSW). The enquiry regarding the risk the offender poses to the lives or sexual safety of one or more children, or of children generally under s 3D(2) is constrained by s 3AA. Generally, a conclusion about the existence of a risk should be based on something stronger than a police officer's or prosecutor's speculation or suspicion: O'Neill v Commissioner of Police [2020] NSWSC 1805 at [12]. In the present case, there is no evidence, direct or indirect, that satisfied this Court that the offender poses a risk to the lives or sexual safety of one or more children, or of children generally. Legislation Cited: Combatting Child Sexual Exploitation Legislation Amendment Act 2019 (Cth) Crimes Act 1914 (Cth) Criminal Code 1995 (Cth) Child Protection (Offenders Registration) Act 2000 (NSW) Cases Cited: The Queen v Killick [2016] 259 CLR 256 Weininger v The Queen (2003) 212 CLR 629 Johnson v The Queen (2004) 78 ALJR 616 Dinsdale v R [2000] HCA 54 O'Neill v Commissioner of Police [2020] NSWSC 1805 R v Hutchinson [2018] NSWCCA 152 R v Booth [2009] NSWCCA 89 CDPP v Garside [2016] VSCA 74 R v Garcia [2020] NSWDC 553 Category: Sentence Parties: Rex (Cth) (Crown) Michael Patrick LE GAY BRERETON (Offender) Representation: Counsel: Mr Jordan (for the Crown) Mr Khan (for the offender)