R v MARSHALL [2010] NSWDC 299

New South Wales District Court

CITATION: R v MARSHALL [2010] NSWDC 299

HEARING DATE(S): 17 December 2010 EX TEMPORE JUDGMENT DATE : 17 December 2010

JURISDICTION: Criminal

JUDGMENT OF: Berman SC DCJ

DECISION: The overall sentence consists of a non parole period of three years with a head sentence of five years

CATCHWORDS: CRIMINAL LAW - Sentence - Commonwealth and State offences - Immediate admissions to police - Remorse - Access child pornography - Transmit child pornography - Make child pornography available - Possess child pornography - Unauthorised possession of a firearm - Improper storage of ammunition - Possession of ammunition

LEGISLATION CITED: Firearms Act 1996

CASES CITED: R v Oliver, Hartley and Baldwin 1 [2003] Cr App R 28

PARTIES: The Crown David Francis Marshall

FILE NUMBER(S): 2009/015760; 2009/025510; 2009/030881; 2009/030883; 2009/030894; 2009/077290; 2009/089064; 2009/092068; 2009/092069; 2009/097568; 2009/104216; 2009/108754; 2009/109595; 2009/112186; 2009/114342; 2009/116153; 2009/116798; 2009/117764; 2009/118738; 2009/167036; 2009/172432; 2009/179486; 2009/182857

SOLICITORS: Director of Public Prosecutions (Cth) Andrew Hartcher - Offender

SENTENCE

1 HIS HONOUR: David Francis Marshall appears for sentence today after having pleaded guilty at a very early stage to a large number of offences, dealing with both child pornography and firearms. When I sentence him for one of the firearms matters, he asks that I take into account a large number of other firearms matters on a Form 1. In total there are following offences which Mr Marshall is to be sentenced; an offence of using a carriage service to access child pornography material for which the maximum penalty is ten years imprisonment; an offence of using a carriage service to transmit child pornography material, also carrying a maximum penalty of ten years imprisonment; an offence of using carriage service to make child pornography material available, an offence carrying with it a maximum penalty of ten years imprisonment. They are all Commonwealth offences. There is also a State offence, possession of child pornography, carrying, at the time this offence was committed, a maximum penalty of five years imprisonment although the penalty has increased of more recent times. Of course it is the maximum penalty at the time the offence was committed which is relevant. And finally five offences under s.7A of the Firearms Act, unauthorised possession of a firearm. It is one of those, the offence relating to a twelve gauge shotgun, which has attached to it seventeen other offences relating to possession, improper storage and the possession of ammunition.