R v SCHIPANSKI [2015] NSWDC 381

District Court New South Wales

Medium Neutral Citation: R v SCHIPANSKI [2015] NSWDC 381 Hearing dates: 12/05/2015 Decision date: 21 May 2015 Jurisdiction: Criminal Before: Judge S Norrish QC Decision: Count 1 - Sentence to a term of imprisonment of 2 years and 3 months to be released at the expiration of 9 months upon entering a recognizance and to be of good behaviour for a period of 1 year and 6 months. Count 2 - Sentenced to a term of imprisonment of 1 year and 6 months with a non parole period being 6 months. Count 3 - Sentenced to a term of imprisonment of 1 year and 6 months with a non parole period being 6 months. Count 4 - Sentenced to a term of imprisonment of 1 year and 6 months with a non parole period being 6 months. Catchwords: CRIMINAL – Sentence, use a carriage service to access child pornography material, possess child abuse material, mental disability, no prior convictions. Legislation Cited: Crimes Act (Cth) 1914 Criminal Code Act 1995 Crimes (Sentencing Procedure) Act 1999 Crimes Act (NSW) 1900 Cases Cited: DPP v De La Rosa [2010] NSWCCA 194 Hili and Jones v The Queen [2010] HCA 45 Minehan v R (2010) 201 A Crim R 243 Pearce v The Queen (1998) 194 CLR 610 R v Gent [2005] NSWCCA 370 R v Thomson and Houlton [2000] NSWCCA 309 Category: Sentence Parties: Director of Public Prosecution (Cth) – Crown Christopher Harold Schipanski - Offender Representation: Counsel: Mr Wilson - Crown Mr Ranalingam - Offender File Number(s): 2014/40027