R v William Geoffrey LEONARD (No 3) [2008] NSWDC 211

New South Wales District Court

CITATION: R v William Geoffrey LEONARD (No 3) [2008] NSWDC 211

HEARING DATE(S): 1 September 2008 - 5 September 2008

JUDGMENT DATE: 5 September 2008

JURISDICTION: Criminal

JUDGMENT OF: Berman SC DCJ

CATCHWORDS: CRIMINAL LAW - Sentence - Possessing child pornography - Using a carriage service to make available child abuse materials

LEGISLATION CITED: Commonwealth Criminal Code Crimes Act 1900

PARTIES: The Crown William Geoffrey Leonard

FILE NUMBER(S): 06/11/0746

COUNSEL: L. McManus (The Crown)

SOLICITORS: Commonwealth DPP Self-Represented

JUDGMENT

1 Geoffrey Leonard appears today for sentence on two separate matters. The first is an offence of possessing child pornography. Mr Leonard pleaded guilty to this offence when his matter was listed for trial on an earlier occasion. He is entitled to a discount for the utilitarian value of that plea.

2 He also appears for sentence for an offence of using a carriage service, namely the internet, to make available child abuse material. He did not plead guilty to this offence but was found guilty by a jury yesterday. Unusually, in fact perhaps uniquely, the jury returned that verdict in Mr Leonard's absence. The circumstances in which the verdict was returned in his absence were set out in a judgment I delivered yesterday. It is not yet available in written form, but when it becomes available I will ensure that a copy is sent to Mr Leonard. He did not hear what I had to say yesterday because he had been taken from the court premises in an ambulance.

3 I attempted today to have replayed to Mr Leonard what occurred when the jury returned. Mr Leonard indicated some ambivalence as to whether he needed to hear it, but I wanted to ensure that what happened in Mr Leonard's absence was made known to him. Unfortunately, for reasons I do not understand, but presumably they are technica, what was played over the court sound system was indecipherable. Whether it is possible to remedy that on a later date is something I do not know. If possible I will ensure that a copy of what occurred in Mr Leonard's absence, that is a sound recording of what occurred in Mr Leonard's absence, is also provided to him at a later date.