R v Craig McGREGOR [2012] NSWDC 265

District Court New South Wales

Medium Neutral Citation: R v Craig McGREGOR [2012] NSWDC 265 Decision date: 17 February 2012 Before: Cogswell SC DCJ Decision: For conspiracy to manufacture a prohibited drug, methylamphetamine, 4 years and 9 months imprisonment. Non-parole period of 3 years. For possessing child pornography offence, 18 months fixed term imprisonment. Effective overall sentence 5 years and 9 months. Effective non-parole period 4 years. Catchwords: CRIMINAL LAW - Evidence - child pornography offence - no evidence as to ages of victims (children portrayed) or purpose in accessing - Sentence - general deterrence moderated by very serious mental health condition - amphetamine-induced psychotic disorder with delusions - relevant factors - manufacture prohibited drug offence aggravated by involving a series of illegal manufactures - significant criminal record for drugs - no prior criminality for child pornography - non-parole period - special circumstances - needs community support to continue drug addiction recovery. Legislation Cited: Crimes Act 1900 s 91H(2) Crimes (Sentencing Procedure) Act 1999 s 21A(2)(m), 21A(3)(i) Drug Misuse and Trafficking Act 1985 s 24(2), 26 Cases Cited: R v Dennison [2011] NSWCCA 114 Minehan v R [2010] NSWCCA 140; (2010) 201 A Crim R 243 Cahyadi v R [2007] NSWCCA 1; (2007) 168 A Crim R 41 Category: Sentence Parties: Regina (Crown) Craig McGregor (Offender) Representation: Counsel: M Barr (Crown) J Watts (Offender) Solicitors: Director of Public Prosecutions (Crown) Legal Aid Commission (Offender) File Number(s): DC 2009/45263