NSW Caselaw
Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Lyons v R [2017] NSWCCA 204 Hearing dates: 11 August 2017 Date of orders: 28 August 2017 Decision date: 28 August 2017 Before: Simpson JA at [1] Harrison J at [2] Davies J at [3] Decision: (1) Leave to appeal granted.
(2) Appeal allowed.
(3) Quash the sentences imposed in the District Court on 16 December 2016.
(4) In lieu, sentence the appellant as follows:
(a) For the offence of possess child abuse material (Sequence 1), a fixed term of 18 months commencing 19 December 2015 and expiring 18 June 2017;
(b) For the offence of using a carriage service to transmit child pornography material (Sequence 2), imprisonment for 18 months commencing 19 December 2016 and expiring 18 June 2018;
(c) For the offence of using a carriage service to transmit child pornography material (Sequence 9), imprisonment for 18 months commencing 19 March 2017 and expiring 18 September 2018;
(d) For the offence of using a carriage service to make available child pornography material (Sequence 15), imprisonment for 18 months commencing 19 June 2017 and expiring 18 December 2018; (e) For the offence of using a carriage service to make available child pornography material (Sequence 13), imprisonment for 12 months commencing 19 September 2017 and expiring 18 September 2018;
(f) For the aggravated transmission offence (Sequence 10), imprisonment for 4 years 6 months commencing 19 September 2017 and expiring 18 March 2022.
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