R v Cemitis, Andrew [No 2] [2010] NSWDC 89

New South Wales District Court

CITATION: R v Cemitis, Andrew [No 2] [2010] NSWDC 89 This decision has been amended. Please see the end of the judgment for a list of the amendments.

JUDGMENT DATE: 11 March 2010

JURISDICTION: Criminal

JUDGMENT OF: Nicholson SC DCJ

Use/possess or attempt/threaten to use offensive weapon etc with intent to commit indictable offence (Count 1): Sentence to a minimum term of 9 months. Balance of term of 7 months Produce child pornography (Count 2): Sentence to a non-parole period of 2 years and 3 months . Balance of term of 1 year and 4 months. Produce child pornography (Count 4): Sentence to a non-parole period of 2 years and 3 months. Balance of term of 1 year and 4 months. DECISION: Possess child pornography (sequence 5): Sentence to a minimum term of 2 years. Balance of term of 8 months. Some accumulation among the sentences. S.166 matters Filming for indecent purpose: Pursuant to s.166 of the Criminal Procedure Act 1986, Sentence to fixed term of 9 months imprisonment. Enter building/land with intent to commit indictable offence: Crown seeks leave to have the charge dismissed. Leave granted.

CATCHWORDS: Criminal Law - Sentence - Producing Child Pornography (x2), Possess Child Pornography, Use weapon to avoid lawful apprehension - filming young teenage girls dressing, undressing, and showering in their homes - filming whilst standing on stool outside bedroom or bathroom windows - flyscreen removed - personal knowledge of at least one victim - citizen's arrest - knife produced to threathen 16 year old arrester - accused premises searched - recording and copying equipment found - collection of child pornography found - all earlier filmed by offender - peeping Tom type material - past history of sexual offending - volunteer in SES.