R v Glenn Andrew LUSCOMBE [2008] NSWDC 393

New South Wales District Court

CITATION: R v Glenn Andrew LUSCOMBE [2008] NSWDC 393

JUDGMENT DATE: 18 December 2008

JURISDICTION: District Court of New South Wales

JUDGMENT OF: Cogswell SC DCJ

DECISION: For the first offence - fixed term of 6 months imprisonment. For the second offence - non-parole period of 5 months, balance of the term of 7 months.

CATCHWORDS: CRIMINAL LAW - sentence - possess child pornography - plea of guilty at earliest opportunity - images and videos of child pornography on offender's computer - level 3 to level 7 on the COPINE scale - criteria in R v Gent - offences at lower end of the range of objective seriousness - limited insight - need for general deterrence - special circumstances warranting adjustment of usual ratio between non-parole and parole period

LEGISLATION CITED: Crimes Act 1900 s 91H(3) Crimes (Sentencing Procedure) Act 1999 s 50

R v Gent [2005] NSWCCA 370 CASES CITED: R v Saddler [2008] NSWDC 48 R v Stroempl (1995) 105 CCC (3rd ed.) 187

PARTIES: Regina Glenn Andrew Luscombe

FILE NUMBER(S): 2008/13161

SOLICITORS: Mr Jilek for the Director of Public Prosecutions Mr Leary for the offender

JUDGMENT

1. Glenn Andrew Luscombe has been described as an immature man who has a sexual preoccupation with underage girls. He has confessed to two offences of possessing child pornography. It is my job now to sentence him for those two offences.

2. Today he pleaded guilty to the two charges. The first is that between 1 January 2006 and 18 August 2006 he had child pornography in his possession. He had 4,800 images and six video clips. The second charge is that between 1 July 2006 and 5 December 2006 he had child pornography in his possession, namely, eight images and five video clips. They are both offences against s 91H(3) of the Crimes Act 1900. The maximum penalty is five years imprisonment.