R v PN [2008] NSWDC 353

New South Wales District Court

CITATION: R v PN [2008] NSWDC 353

JUDGMENT DATE: 16 December 2008

JURISDICTION: District Court of New South Wales

JUDGMENT OF: Cogswell SC DCJ

DECISION: Overall sentence of 15 years. Non-parole period of 10 years.

CATCHWORDS: Criminal law - Sentence - child sexual offences - possess child pornography - disseminate child pornography - use carriage service to procure or groom children - sexual intercourse with a child - plea of guilty - report from forensic psychiatrist - victim impact statement - propects for rehabilitation - remorse - good character

Crimes Act 1900 s66C(1) s66C(3) s61M(1) s91A(2) s91H(3) LEGISLATION CITED: Crimes (Sentencing Procedure) Act 1999 s32 Criminal Code Act 1995 (Cth) s474.26(1) Crimes Act 1914 (Cth) s16B(a)

R v Gent [2005] NSWCCA 370 CASES CITED: R v Cook; ex parte Attorney-General (Qld) [2004] QCA 469 R v Jones (1999) 108 A Crim R 50 Tector v R [2008] NSWCCA 151

PARTIES: R PN

FILE NUMBER(S): 2008/13522; 2008/13523; 2003/13705

COUNSEL: Mr Crawford-Fish (def)

SOLICITORS: Mr Brown (NSW DPP)

JUDGMENT

1. PN is not a career criminal. He has a couple of minor offences on his record which he committed in his early twenties and a more recent low range prescribed concentration of alcohol. He has had a relatively normal childhood with no major traumatic incidents. However, commencing about six years ago, he allowed his life to spiral down into a period of sustained and depraved criminal behaviour. The criminality involved in the multiple crimes which he committed is almost overwhelming. There will be a need to impose harsh sentences because of the extent of the criminal behaviour which he has engaged in.