R v Jones [2009] NSWDC 8

New South Wales District Court

CITATION: R v Jones [2009] NSWDC 8

JUDGMENT DATE: 27 January 2009

JURISDICTION: Crime

JUDGMENT OF: Murrell SC DCJ

CATCHWORDS: Sentence - Possess Child Pornography

Crimes Act 1900 s 91H(3) LEGISLATION CITED: Criminal Case Conferencing Trial Act 2008 s 17 Crimes (Sentencing Procedure) Act 1999 s 3A s 21A

Mouscas v R [2008] NSWCCA 181 CASES CITED: R v Gent [2005] NSWCCA 370 R v Saddler [2008] NSWDC 48 R v Stroempl (1995) 105 C.C.C.

PARTIES: Regina Richard JONES

FILE NUMBER(S): 2008/00014928

SOLICITORS: Ms K Thompson (Crown) Mr P Elks (For the Defendant)

JUDGMENT

1. The offender pleaded guilty before the Local Court at the Downing Centre to two offences of possessing child pornography contrary to s 91H (3) Crimes Act 1900. The maximum available penalty for each offence is five years imprisonment. No standard non-parole period applies.

2. Pursuant to s 17 of the Criminal Case Conferencing Trial Act 2008, if an offender pleads guilty to an offence prior to committal for sentence, a mandatory discount of 25% is to be applied to any "sentence of imprisonment for a term" [s 17(1)(a)] and to any "good behaviour bond for a term" [s 17(1)(d)].

3. To date, the offender has spent no time in custody.

4. The offender is a 64-year-old married man with two adult children. He is a former Customs officer. In the last few years of his employment as a Customs officer, it was part of the offender's duties to examine contraband items imported into Australia. Not infrequently, those items included child pornography. The offender received no counseling in relation to the psychological impact of that work.