Sabel v R; R v Sabel [2014] NSWCCA 101

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Sabel v R; R v Sabel [2014] NSWCCA 101 Hearing dates: 5 and 14 June 2013 Decision date: 05 June 2014 Before: Beazley P; Hidden J; Fullerton J Decision: 1. Appeal against conviction dismissed; 2. Grant leave to the appellant to appeal against the sentences imposed in respect of counts 2, 3 and 4 on the indictment; 3. Dismiss the appellant's appeal against sentence in respect of counts 2, 3 and 4; 4. Uphold the Crown appeal against sentence in respect of count 1. Quash the order made under s 19B of the Crimes Act 1914 (Cth) and impose the following sentence: The appellant is convicted of accessing child pornography using a carriage service on 21 November 2007, contrary to s 474.19(1)(a)(i) of the Criminal Code 1995 (Cth). In accordance with s 20(1)(a) of the Crimes Act 1914 (Cth) he is released without passing sentence upon his giving security in the amount of $500 to be of good behaviour for 2 years. Catchwords: CRIMINAL LAW - possession of child pornography - Crimes Act 1900, s 91H(3) - defence under Crimes Act 1900, s 91H(4)(c) - meaning of "genuine scientific purpose" - whether scientific method necessary - reasonableness of conduct

CRIMINAL LAW - accessing child pornography using a carriage service - Criminal Code 1995 (Cth), s 474.19(1)(a)(i)

CRIMINAL LAW - judge alone trial - Criminal Procedure Act 1986, s 133 - appeal against conviction - Criminal Appeal Act 1912, s 6(1)

CRIMINAL LAW - sentence - irrelevant considerations - Crimes (Sentencing Procedure) Act 1999, s 24A - registration under the Child Protection (Offenders Registration) Act 2000 - application to federal offenders - Judiciary Act 1903, ss 68(1), 79(1)