Gosling, Anthony v D.P.P [2009] NSWDC 93

New South Wales District Court

CITATION: Gosling, Anthony v D.P.P [2009] NSWDC 93

HEARING DATE(S): 14/01/2009 and 15/01/2009

JUDGMENT DATE: 23 January 2009

JURISDICTION: Criminal

JUDGMENT OF: Nicholson SC DCJ

DECISION: S.11 Bail is granted on conditions

CATCHWORDS: Criminal Law - Severity Appeal from Local Court - possess child pornography - 50 images obtained from internet sites - part of larger collection of erotic posing - Copine Scale - principles in assessing objective seriousness of child pornography - school teacher - loss of career - diagnosis of addiction to internet porn viewing sites, rejected.

LEGISLATION CITED: Crimes (Sentencing Procedure) Act 1999

CASES CITED: R v Stroempl (1995) 105 C.C.C (3d) 187 Oliver [2003] 1C.AR.28

PARTIES: Anthony Gosling Director of Public Prosecutions

FILE NUMBER(S): 2008/12/1166

COUNSEL: Defence: S Russell

SOLICITORS: Crown Mr Gibson

JUDGMENT 1. This appellant begins a suicide note written to his wife, as best I can tell on 22 February last year, "Words cannot begin to describe the sorrow I am feeling. I have single-handedly destroyed everything that is good in our lives. Being with you and James is what life is about. I cannot live without either of you. As for our new baby, not what we had in mind but a true blessing anyway. The only way forward for you is without me." And he finished the note, "Don't go into the garage without somebody with you". 2. In the preceding two days he had been arrested, charged with possessing child pornography, to wit fifty images on a storage device. Initially he was bail refused but released to bail, as I understand it, on the same day. Upon his return home the account of his charges and arrest had made the local newspaper and other publicity outlets. He was a schoolteacher of thirteen years' experience. The day before his arrest he had attended interviews for two different assistant principal positions. His world had imploded with horror and shame. 3. He alone was the sole author of his misfortunes. In the note he had written, "I had never wanted this to happen. I couldn't stop myself. I would sit at the computer telling myself it was wrong, but unable to stop. I tried to ask you for help a few times, but I guess the shame prevented me. In hindsight, that shame would have been nothing [compared to what has happened now]. 4. As I said in another case having some similarity with this,