R v Freedman [2017] NSWCCA 201

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: R v Freedman [2017] NSWCCA 201 Hearing dates: 4 August 2017 Date of orders: 23 August 2017 Decision date: 23 August 2017 Before: Leeming JA at [1] Bellew J at [43] Lonergan J at [133] Decision: (1) The Crown appeal is allowed.

(2) The orders of Judge McLoughlin SC of 10 March 2017 are set aside.

(3) In respect of the offence contrary to s. 91H(2) of the Crimes Act 1900 (NSW) the respondent is sentenced to a fixed term of 15 months imprisonment to date from 10 March 2017, and to expire on 9 June 2018.

(4) In respect of the offence contrary to s. 474.19(1) of the Criminal Code 1995 (Cth) the respondent is sentenced to 18 months imprisonment commencing on 10 June 2017 and expiring on 9 December 2018.

(5) In respect of the order made in (4) above, and pursuant to s. 19AC(1) of the Crimes Act 1914 (Cth) I direct that at the expiration of a period of 15 months from 10 June 2017, namely on 9 September 2018, the respondent be released upon his own recognisance, without security, in a sum of $500.00, to be of good behaviour for a period of 3 months Catchwords: CRIMINAL LAW – Appeal – Crown appeal against asserted manifest inadequacy of sentence – Where respondent was charged with using a carriage service to access child pornography and possessing child abuse material – Where the respondent was sentenced to 15 months imprisonment in respect of the first count and 12 months imprisonment in respect of the second count – Where the sentencing judge ordered that the terms of imprisonment be wholly concurrent and that they each be served by way of an Intensive Correction Order – Whether the sentencing judge erred in failing to accumulate the sentences to any degree – Whether the sentencing judge erred in failing to have proper regard to the need for general deterrence – Whether the sentencing judge erred in giving excessive weight to the respondent's rehabilitation – Errors established – Sentence manifestly inadequate