James v Regina [2009] NSWCCA 62

New South Wales Court of Criminal Appeal

CITATION: James v Regina [2009] NSWCCA 62

HEARING DATE(S): 3 March, 2009

JUDGMENT DATE: 3 March 2009

JUDGMENT OF: Beazley JA at 1; Blanch J at 2; Howie J at 19

EX TEMPORE JUDGMENT DATE: 3 March 2009

DECISION: Leave to appeal refused. Appeal dismissed.

CATCHWORDS: Criminal law - possession of child pornography - cumulative sentences

Criminal Code Act 1995 (Cth), s474.19(1)(a)(i) LEGISLATION CITED: Crimes Act 1900 (NSW), s91H(3) Customs Act 1901, s233BAB(5)

CATEGORY: Principal judgment

CASES CITED : R v Gent (2005) 162 A Crim R 29 R v Jones (1999) 108 A Crim R 50

PARTIES: Christopher Andrew James (Applicant) Regina (Respondent)

FILE NUMBER(S): CCA 2007/16178

COUNSEL: J O'Sullivan (Applicant) W Abraham QC (Respondent)

SOLICITORS: Lee Hourigan and Brooks, Solicitors (Applicant) Commonwealth Director of Public Prosecutions (Respondent)

LOWER COURT JURISDICTION: District Court

LOWER COURT FILE NUMBER(S): 07/11/0777

LOWER COURT JUDICIAL OFFICER: Walmsley SC DCJ

LOWER COURT DATE OF DECISION: 23 April, 2008

LOWER COURT MEDIUM NEUTRAL CITATION: Regina v Christopher Andrew James

IN THE COURT OF CRIMINAL APPEAL

CCA 2007/16178

BEAZLEY JA BLANCH J HOWIE J

3 March, 2009

Christopher Andrew JAMES v Regina

JUDGMENT

1 BEAZLEY JA: I will ask Blanch J to deliver the first judgment.

2 BLANCH J: The applicant seeks leave to appeal against a sentence imposed in the District Court on 23 April, 2008. The applicant was charged with two offences: 1. Using a carriage service, namely an internet service, between 1 March 2005 and 7 March 2007 to access child pornography material contrary to s474.19(1)(a)(i) of the Criminal Code (Cth), which carries a maximum penalty of 10 years imprisonment.