R (Cth) v James Michaell Hutchinson [2018] NSWDC 80

District Court New South Wales

Medium Neutral Citation: R (Cth) v James Michaell Hutchinson [2018] NSWDC 80 Hearing dates: 23 March 2018 Date of orders: 05 April 2018 Decision date: 05 April 2018 Jurisdiction: Criminal Before: Judge AC Scotting Decision: 1 The offender is convicted. 2 In relation to the possession offence the offender is sentenced to a fixed term of imprisonment for 6 months to date from 1 April 2018 and expire on 30 September 2018. 3 In relation the first transmission offence the offender is sentenced to imprisonment for 12 months to commence on 1 July 2018. That term is to be suspended after serving 3 months of that sentence on 30 September 2018 and he is to be released upon entering into a recognisance in the sum of $500 to be of good behaviour pursuant to section 20(1)(b) Crimes Act 1914 for a period of 2 years on condition that the offender: (a) is to be of good behaviour and appear before the Court if called on to do so during the term of the bond; (b) is to inform the registrar of the District Court at the Downing Centre of any change of residential address; and (c) is to accept the supervision of the Community Corrections Service and obey all reasonable directions with regard to sex offender treatment. 4 In relation the second transmission offence the offender is sentenced to imprisonment for 12 months to commence on 1 September 2018. That term is to be suspended after serving 3 months of that sentence on 30 November 2018 and he is to be released upon entering into a recognisance in the sum of $500 to be of good behaviour pursuant to section 20(1)(b) Crimes Act 1914 for a period of 2 years on condition that the offender: (a) is to be of good behaviour and appear before the Court if called on to do so during the term of the bond; (b) is to inform the registrar of the District Court at the Downing Centre of any change of residential address; and (c) is to accept the supervision of the Community Corrections Service and obey all reasonable directions with regard to sex offender treatment. Catchwords: CRIMINAL LAW – possess child abuse material – use of carriage service to transmit child pornography to self - offence - plea of guilty SENTENCE – mitigating factors – aggravating factors – circumstances – objective seriousness – specific deterrence – general deterrence – appropriate penalty SENTENCE PRINCIPLES – parity – totality – community values – remorse – contrition WORD AND PHRASES – online chat – video chat – psychological condition – emotional development of offender – bisexual orientation of offender Legislation Cited: Crimes Act 1900 s.91H Crimes Act 1914 (Cth) ss. 16A, 16A(1), 16A(2), 17A(1), 20(1)(b) Crimes (Sentencing Procedure) Act 1999 s. 5 Criminal Code Act 1995 (Cth) s. 474.19(1) Cases Cited: Director of Public Prosecutions v D'Alessandro [2010] VSCA 60 Johnson v The Queen (2004) 78 ALJR 616 R v El Karhani (1990) 21 NSWLR 370 R v Porte [2015] NSWCCA 174 Category: Sentence Parties: Regina (Crown) JMH (Offender) Representation: Counsel: