R v Martin Stanley CLARIDGE [2017] NSWDC 407

District Court New South Wales

Medium Neutral Citation: R v Martin Stanley CLARIDGE [2017] NSWDC 407 Hearing dates: 3 November 2017 Date of orders: 22 November 2017 Decision date: 22 November 2017 Jurisdiction: Criminal Before: KING SC DCJ Decision: Convicted in respect of each offence. COMMONWEALTH OFFENCES Use carriage service transmit/publish/promote etc child porn SEQ 2 (9/2/15-16/3/15): Sentenced to a term of imprisonment for 3 years from 20/8/16 – 19/8/19 SEQ 3 (20/8/15–30//9/15): Sentenced to a term of imprisonment for 2 years from 20/2/16 – 19/2/18 SEQ 4 (2-20/11/15): Sentenced to a term of imprisonment for 1 year from 20/11/15 – 19/11/16 SEQ 5 (16-20/11/15): Sentenced to a term of imprisonment for 2 years from 20/5/16 – 19/5/18 SEQ 6 (19/11/15): Sentenced to a term of imprisonment for 3 years from 20/11/16 – 19/11/19 NPP: 2 ½ years Parole order: to be released to parole on 19/5/18. STATE OFFENCES Special circumstances found to restore the statutory relationship between the NPP and parole periods. Indicative sentences: SEQ 1 Sexual intercourse with child under the age of 10 years Incitement to commit sexual offence: Imprisonment for 7 years SEQ 13 Produce child abuse material: Imprisonment for 1 year SEQ 8 Possess child abuse material: Imprisonment for 4 years Aggregate sentence: Convicted. Sentenced to a term of imprisonment for 8 years comprising of a NPP of 5 years and 6 months to commence on 19/5/17 and to expire on 18/11/22, and a balance of term of 2 years and 6 months to commence on19/11/22 and to expire on 18/5/25. Eligible for release to parole on 18/11/22. Forfeiture order made pursuant to s23Z(d) - signed and placed on court file Catchwords: Criminal – Sentence after judge-alone trial – Commonwealth and State offences – use carriage service transmit/publish/promote etc child porn - Sexual intercourse with child under the age of 10 years Incitement to commit sexual offence - produce child abuse material - possess child abuse material – subjective matters Legislation Cited: Criminal Code Act 1995 Crimes Act 1914 Crimes Act 1900 Crimes (Sentencing Procedure) Act 1999 Cases Cited: DPP (Cth) v D'Alessandro (2010) VSCA 60; R v Gent (2005) 162 A Crim R 29 R v Thomson and Houlton (2000) 49 NSWLR 383 Pearce (1998) 194 CLR 610 Category: Sentence Parties: REGINA Martin Stanley CLARIDGE Representation: Counsel: CROWN: Mr R Kimbell CLARIDGE: Mr S Fraser File Number(s): 2015/00342695 Publication restriction: NPO in re name of offender's granddaughter