R v JS [2018] NSWDC 342

District Court New South Wales

Medium Neutral Citation: R v JS [2018] NSWDC 342 Hearing dates: 11 October 2018 Decision date: 21 November 2018 Jurisdiction: Criminal Before: Mahony SC DCJ Decision: Full-time custodial sentence. For orders see [117] Catchwords: Child sexual offence; making and disseminating child abuse material; aggregate sentence Legislation Cited: Crimes Act 1900 Crimes (Sentencing Procedure) Act 1999 Cases Cited: Berryman v R [2017] NSWCCA 297 Biddell v R [2017] NSWCCA 128 DPP (Cth) v De La Rosa [2010] NSWCCA 194 Fedele v R [2015] NSWCCA 286 Greenwood v R [2014] NSWCCA 64 JM v R [2014] NSWCCA 297 R v Booth [2009] NSWCCA 89 R v Cahyadi [2007] NSWCCA 1; 168 ACrimR 41 R v Gavel [2014] NSWCCA 56 R v Hutchinson [2018] NSW CCA 152 R v Porte [2015] NSWCCA 174 R v Van Ryn [2016] NSWCCA 1 Category: Sentence Parties: Director of Public Prosecutions (Crown) JS (Offender) Representation: Counsel: M Coates (Crown Prosecutor) B Neild (Offender)

Solicitors: L Burgoyne (Crown) E Renard (Offender) File Number(s): 17/257186 Publication restriction: Pursuant to s 7 Non-Publication Order/Suppression Order in respect of name of Complainant and Offender

REMARKS ON SENTENCE 1. The offender is being sentenced in respect of three offences as follows: 1. Sequence 2 – Disseminate child abuse material pursuant to s 91H(2) of the Crimes Act 1900. The maximum penalty for the offence is 10 years imprisonment, and there is no Standard Non-Parole Period. 1. Sequence 6 – Use child under 14 years to make child abuse material pursuant to s 91G(1)(a) of the Crimes Act 1900. The maximum penalty for the offence is 14 years imprisonment, and there is a Standard Non-Parole period of 6 years imprisonment. 1. Sequence 7 – Sexual intercourse with a child under the age of 10 years (DV), pursuant to s 66A(1) of the Crimes Act 1900. The maximum penalty for the offence is life imprisonment and there is a Standard Non-Parole Period of 15 years imprisonment. 1. The offending took place between 15 June 2017 and 23 August 2017 when the offender was arrested. She has been in custody since that date.