NSW Caselaw
Reported Decision : 6 DCLR (NSW) 372
New South Wales District Court
CITATION: R v Nigel Keith SADDLER [2008] NSWDC 48
HEARING DATE(S): 28 March 2008
JUDGMENT DATE: 18 April 2008
JURISDICTION: Criminal
JUDGMENT OF: Berman SC DCJ
(1) On the second and third charges the offender is sentenced to imprisonment. I set a non parole period of two years and a head sentence of three years nine months to date from 22 Jul 2007. DECISION: (2) On the first charge, taking into account the matters on the Form 1, the offender is sentenced to imprisonment. I set a non parole period of three years six months and a head sentence of five years to date from 22 July 2008. (3) Thus the overall sentence is one of imprisonment for six years with a non parole period of four years six months. The offender will be eligible for release to parole on 21 Jan 2012.
CATCHWORDS: CRIMINAL LAW - sentence - Form 1 - child pornography - COPINE Scale - gross abuse - exploitation of children - maximum penalty appropriate
LEGISLATION CITED: Crimes (Sentencing Procedure) Act 1999 Crimes Act 1900
R v Jones (1999) 108 A Crim R 50. R v Stroempl (1995) 105 CCC (3d) 187 Ibbs v The Queen (1987) 163 CLR 447 Veen v The Queen (No 2) [1988] HCA 14; (1988) 164 CLR 465 Attorney General's Application Under S 37 Of The Crimes (Sentencing Procedure) Act 1999 No 1 Of 2002 (2002) 56 NSWLR 146 Police v Power [2007] NSWLC 1 Power v DPP, unreported DC (NSW) 19 July 2007 R v Fong (2002) 132 A Crim R 308 R v Oliver [2003] 1 Cr App R 28 Veen v The Queen [1979] HCA 7; (1979) 143 CLR 458 CASES CITED: Neal v The Queen [1982] HCA 55; (1982) 149 CLR 305 Radenkovic v The Queen [1990] HCA 54; (1990) 170 CLR 623 Spaliviero v The Queen S55/1994 (13 October 1994) Case v The Queen S93/1997 (1 May 1998) Russell v The Queen S60/1997 (13 February 1998) R v M (1990) 105 CCC (3d) 327 R v Thompson and Houlton (2000) 49 NSWLR 383 Mangos v DPP (SC Unreported 21 July 1995) R v Wilkins (1988) 28 A Crim R 445 R v Price [2004] NSWCCA 186 R v Knight [2004] NSWCCA 145
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