R v Thrift [2014] NSWDC 266

District Court New South Wales

Medium Neutral Citation: R v Thrift [2014] NSWDC 266 Hearing dates: 28 August 2014 Decision date: 29 August 2014 Jurisdiction: Criminal Before: Cogswell SC DCJ Decision: For the offence of possessing child abuse material, under s 9(1) of the Crimes (Sentencing Procedure) Act 1999 I make an order directing Mr Thrift to enter into good behaviour bond for two years. The conditions of the good behaviour bond are these: 1) That he be of good behaviour.

2) That he appears before this Court if called upon to do so at any time.

3) That he advise the registrar of the District Court at Sydney of his residential address on release from custody and of any future change in that residential address.

4) That within seven days of release from custody he report to any office of the Community Corrections Office of the Department of Corrective Services.

5) That he accept supervision from an officer of that service and comply with all reasonable recommendations of any such officer, in particular regarding the following: dealing with sexual offending behaviour; accessing psychotherapy sessions at the Wentworth Clinic associated with the Wentworth Avenue Community Corrections Office; obtaining a mental health treatment plan from a general practitioner for treatment by a registered psychologist; any referral to the pastoral care institute directed by the Reverend Dr Peter Powell; engagement in the positive lifestyle program conducted by the Salvation Army. Catchwords: CRIMINAL LAW - sentence - particular offence - possession of child abuse material - previously seized child abuse material mistakenly returned to offender by police - previously prosecuted for possession of the same material - degree of culpability exceptionally low - breach not trivial but not at all serious - plea of guilty to narrow charge - sentenced on the terms of the charge - prior criminality - extensive criminal record – three previous convictions involving child abuse material - long record of offences involving dishonesty - on intensive correction order at time of offence - good behaviour bond - conditions to encourage ongoing rehabilitation Legislation Cited: Crimes (Sentencing Procedure) Act 1999, s 9(1) Category: Sentence Parties: Regina (Crown) Scott Anthony Thrift (offender) Representation: Solicitors: Office of the Director of Public Prosecutions (Crown) Legal Aid NSW (offender) File Number(s): 2013/00226956