R v Gerard Loreto [2016] NSWDC 252

District Court New South Wales

Medium Neutral Citation: R v Gerard Loreto [2016] NSWDC 252 Hearing dates: 2 September 2016 Date of orders: 14 October 2016 Decision date: 14 October 2016 Jurisdiction: Criminal Before: Hatzistergos DCJ Decision: The offender is convicted on both Counts;

On Count 2, the offender is sentenced to a fixed term of imprisonment of 14 months commencing on 23 October 2015 and expiring on 22 December 2016;

On Count 1, the offender is sentenced to a non-parole period of 1 year and 1 month, commencing on 23 April 2016 and expiring on 22 May 2017, with a balance of term of 7 months, expiring on 22 December 2017; and

The offender is to be released on parole on 23 May 2017, and thereafter serve a balance of term for Count 1 on parole until 22 December 2017. Catchwords: CRIMINAL LAW – sentencing – possess child pornography – disseminate child pornography Legislation Cited: Child Protection (Offenders Registration) Act 2000 (NSW) s 16C Crimes Act 1900 (NSW) s 91H(2) Crimes (Sentencing Procedure) Act 1999 (NSW) ss 3A, 21A, 22, 44 Cases Cited: Flynn v R [2010] NSWCCA 171 Minehan v R [2010] NSWCCA 140; 201 A Crim R 243 R v Borkowski [2009] NSWCCA 102; 195 A Crim R 152 R v De Leeuw [2015] NSWCCA 183 R v Porte [2015] NSWCCA 174 R v Thomson; R v Houlton (2000) 49 NSWLR 383 Wakefield v R [2010] NSWCCA 2 Category: Sentence Parties: Regina (Crown) Mr Gerard Loreto (Offender) Representation: Solicitor for the Director of Public Prosecutions (Crown) Legal Aid NSW (Offender) File Number(s): 2015/312623 Publication restriction: Nil