R v Paul JAMES [2011] NSWDC 185

District Court New South Wales

Medium Neutral Citation: R v Paul JAMES [2011] NSWDC 185 Decision date: 04 November 2011 Jurisdiction: Criminal Before: Cogswell SC DCJ Decision: For the offence of using a carriage service in a way reasonable persons would regard as being offensive I impose a term of imprisonment of 1 year. For the offence of possessing child pornography I impose a term of imprisonment of 4 years. For 1 count of transmitting child pornography over a carriage service I impose a term of imprisonment of 3 years 8 months. For 4 counts of transmitting child pornography material over a carriage service I impose terms of imprisonment of 5 years and 6 months. For 7 counts of transmitting child pornography over a carriage service I impose terms of imprisonment of 5 years and 9 months. For 1 count of transmitting child pornography over a carriage service I impose a term of imprisonment of 6 years. For 1 count of transmitting child pornography over a carriage service I impose a term of imprisonment 6 years and 3 months. Catchwords: CRIME - sentence - child pornography - jury verdict of guilty - Commonwealth offences - one State possess - multiple transmit and one use computer - transmit a more serious instance of that offence - communication with under cover officer acting as 14 year old girl - most Oliver scale 1 but some in each category - general deterrence - no criminal history - custodial sentence necessary - transmit sentences varied according to number of images transmitted - partial accumulation of sentences Legislation Cited: Criminal Code Act 1995 s 474.17(1), s 474.19(1)(a)(iii) Crimes Act 1900 s 19AB, s 23ZD, s 91H(2) Cases Cited: Bugmy v The Queen (1990) 169 CLR 525 Hili v The Queen (2010) 85 ALJR 195 R v Booth [2009] NSWCCA 89 R v Gent [2005] NSWCCA 370 R v Oliver [2002] EWCA Crim 2766 Category: Sentence Parties: Regina Paul James Representation: Mr T Phelan for Mr James Ms ME Grimes for the Commonwealth Director of Public Prosecutions File Number(s): 2010/154421