Mouscas v R [2008] NSWCCA 181

New South Wales Court of Criminal Appeal

CITATION: Mouscas v R [2008] NSWCCA 181

HEARING DATE(S): 30 June 2008

JUDGMENT DATE: 6 August 2008

JUDGMENT OF: Allsop P at 1; James J at 2; Price J at 3

DECISION: Leave to appeal granted. Appeal dismissed.

CATCHWORDS: Criminal law - sentencing - possession of child pornography - sentence not manifestly excessive

Crimes Act 1900 s 91H(3) LEGISLATION CITED: Criminal Code (Cth) s 474.19(1)(a)(i) Criminal Appeal Act 1912 s 12(1)(c)

CATEGORY: Principal judgment

Liddington (1997) 97 A Crim R 400 CASES CITED : R v Fowler [2007] ACTCA 4 R v Gent [2005] NSWCCA 370

PARTIES: Alexios Mouscas Regina

FILE NUMBER(S): CCA 2007/5918

COUNSEL: C Nash and O Kang (Applicant) G O'Donnell (Respondent)

SOLICITORS: Ford Criminal Lawyers (Applicant) Commonwealth Director of Public Prosecutions (Respondent)

LOWER COURT JURISDICTION: District Court

LOWER COURT JUDICIAL OFFICER: Blackmore SC DCJ

LOWER COURT DATE OF DECISION: 14 December 2007

IN THE COURT OF CRIMINAL APPEAL 2007/5918

ALLSOP P JAMES J PRICE J

6 August 2008 MOUSCAS V R Judgment 1 ALLSOP P: I agree with Price J. 2 JAMES J: I agree with Price J. 3 PRICE J: On 14 December 2007 Alexios Mouscas, the applicant, was sentenced in the District Court for one count of possession of child pornography contrary to s 91H(3) of the Crimes Act 1900 to a term of imprisonment consisting of a non-parole period of 1 year 6 months and a balance of term of 1 year 3 months. As the sentence commenced on the day of sentence, the applicant will be released to parole on 13 June 2009. The overall sentence expires on 13 September 2010. Pursuant to s 166 of the Criminal Procedure Act 1986 an offence of using a carriage service to access child pornography contrary to s 474.19(1)(a)(i) of the Criminal Code (Cth) had been placed on a certificate. 4 A plea of guilty was entered in the Local Court and adhered to in the District Court. The sentencing Judge allowed a discount of twenty per cent for the plea about which the applicant does not complain. 5 An offence contrary to s 91H(3) is punishable by imprisonment for 5 years. 6 The applicant appeals against the severity of the sentence on two grounds which are: