NSW Caselaw
New South Wales District Court
CITATION: R v ROSS [2009] NSWDC 104 This decision has been amended. Please see the end of the judgment for a list of the amendments.
HEARING DATE(S): 26 February 2009
JUDGMENT DATE: 27 March 2009
JURISDICTION: Criminal
JUDGMENT OF: Berman SC DCJ
DECISION: For the offence of possessing child pornography sentenced to a fixed term of imprisonment of two and a half years. For the Commonwealth offences of accessing child pornography using a carriage service sentenced to imprisonment for two and a half years and for the offence of transmitting child pornography using a carriage service sentenced to imprisonment for two years, impose a non parole period for Commonwealth offences of two years, thus the effective overall sentence is one of four years imprisonment with a non parole period of two and a half years.
CATCHWORDS: Criminal law - Sentence - Possess child pornography - Use carriage service to access child pornography - Use carriage service to transmit child pornography - Commonwealth and State matters sentenced together.
PARTIES: The Crown Steven Thomas Fox Ross
FILE NUMBER(S): DC/08/11/1070
SOLICITORS: Commonwealth DPP Legal Aid Commission
SENTENCE
1 HIS HONOUR: The offender, Steven Thomas Fox Ross, appears for sentence today request by way of video link (at his request) having pleaded guilty to three offences involving child pornography. They are; possessing child pornography, using a carriage service to access child pornography and using a carriage service to transmit child pornography.
2 On 15 May 2008 police went to the offender's premises. They discovered a computer in the offender's bedroom. It contained child pornography stored on its hard drive. A further search of the offender's bedroom located four compact disks and thirty-eight floppy disks, also containing child pornography. The various items were seized and later examined by experts. The hard drive, compact disks, and floppy disks contained more than eight thousand images and videos of child pornography.
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