R v Buchanan [2020] NSWDC 6

District Court New South Wales

Medium Neutral Citation: R v Buchanan [2020] NSWDC 6 Hearing dates: 14 January 2020 and 22 January 2020 Date of orders: 22 January 2020 Decision date: 22 January 2020 Jurisdiction: Criminal Before: H. L. Syme DCJ Decision: Aggregate term of imprisonment of 4 years, 10 months with a non-parole period of 3 years, 4 months. Catchwords: CRIME - SENTENCE - Distribution of child abuse images; number of images; reliance on psychological issues; remorse; objective seriousness. Legislation Cited: Crimes (Sentencing Procedure) Act Cases Cited: (Cth) v De La Rosa [2010] NSWCCA 194 Minehan v R(2010) 201 A Crim R 243 Muldrock v The Queen [2011] HCA 39 R v Lawrence [2005] NSWCCA 91 Category: Sentence Parties: Director of Public Prosecutions Norman Buchanan Representation: Counsel: R Mitchell (Offender)

Solicitors: S Makin/ D Laird (Crown) Solicitors: J Lang (Offender) File Number(s): 2019/000770 Publication restriction: Nil

JUDGMENT 1. The offender has pleaded guilty that: 1. On the 1st January 2019 at Surry Hills he possessed a prohibited weapon, (an electrical stun device or Taser) without being authorised to do so by permit. The maximum penalty for this offence is 14 years imprisonment and it carries with it a standard non-parole period of 5 years; 2. That on 1 January 2019 at Surry Hills he failed to comply with his reporting obligations under the Child Protection Offenders Registration Act being the obligation to report that he had registered a new social networking or messaging site. The maximum penalty for this offence is five years imprisonment; and 3. That on the 31 December 2018 at Surry Hills he disseminated child abuse material. The maximum penalty for this offence is 10 years imprisonment.