Peters v R [2018] NSWCCA 126

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Peters v R [2018] NSWCCA 126 Hearing dates: 20 June 2018 Decision date: 25 June 2018 Before: Beazley P at [1]; Price J at [2]; R A Hulme J at [3] Decision: 1. Leave to appeal granted. 2. Appeal against sentence allowed. 3. Quash the sentences imposed in the District Court on 31 August 2017 and sentence the offender as follows: (a) For the offence of possession of child abuse material, sentenced to a non-parole period of 9 months with a balance of term of the sentence of 9 months. The sentence is to date from 28 August 2017 and the non-parole period will expire on 27 May 2018 at which time the offender will be taken to have become the subject of a statutory parole order pursuant to s 158 of the Crimes (Administration of Sentences) Act 1999 (NSW). (b) For the offence of using a carriage service to access child pornography, sentenced to imprisonment for 1 year 10 months dating from 28 February 2018 and order release on recognizance pursuant to s 19AC of the Crimes Act 1914 (Cth) after having served 9 months upon giving surety (without security) in the sum of $3000 on condition that: (i) the offender be of good behaviour for the balance of the term of the sentence; and (ii) he accept the supervision of Community Corrections NSW. Catchwords: SENTENCING – appeal against sentence – plea of guilty – appellant convicted of State and Commonwealth offences – possessing and accessing child abuse material – where pleas of guilty to both charges entered at same time – where sentencing judge applied discount for plea of guilty in respect of State offence only – whether discount must be given for utilitarian value of plea for federal offences – application of Xiao v R [2018] NSWCCA 4 – ground upheld.