R v COWELL [2011] NSWDC 249

District Court New South Wales

Medium Neutral Citation: R v COWELL [2011] NSWDC 249 Hearing dates: 1 April 2011 Decision date: 05 April 2011 Jurisdiction: Criminal Before: KING SC DCJ Decision: Count 1: (Cth offence) Convicted. Sentenced to a total term of imprisonment of 9 months to commence on 7/2/11 and to expire on 6/11/11. I make a recognizance release order that the prisoner be released on 6/8/11 on his own recognizance to be of good behaviour for a period of 3 months, and to forfeit the sum of $500 should he be in breach of that order. Count 2: (State offence) Special circumstances found. Convicted. Sentenced to a period of imprisonment for 2 years comprising a NPP of 1 year to commence on 7/5/11 and to expire on 6/5/12, and a balance of term for 1 year to commence on 7/5/12 and to expire on 6/5/13. To be released to parole on 6/5/12. Parole to be supervised by the NSWPPS for such period as is deemed appropriate by them within the balance of term, with particular regard to any treatment and/or counselling for sexual offending as deemed appropriate by the NSWPPS. I recommend that the prisoner be referred to the Forensic Psychology Services for assessment to participate in the Sex offenders programs available to persons in prison Catchwords: CRIMINAL LAW - Sentence - Commonwealth offence - Use carriage service to access child pornography - State offence - Produce, disseminate or possess child pornography Legislation Cited: Criminal Code Act 1995 Crimes Act 1900 Crimes (Sentencing Procedure) Act 1999. Cases Cited: Oliver (2002) EWCA Crim 2766; R v Gent [2005] NSWCCA 370; R v Booth [2009] NSWCCA 89; Thomson and Houlton (2000) 49 NSWLR 383; R v Bugeja [2001] NSWCCA 196; Saddler v The Queen [2008] NSWDC 48; Mouscas [2008] NSWCCA 181; Hili v The Queen [2010] HCA 45 Category: Sentence Parties: Crown Christopher Martin Cowell Representation: Crown: Department of Public Prosecutions (Cth) Defence: Legal Aid Commission File Number(s): 2010/289256