R v Knott [2019] NSWDC 839

District Court New South Wales

Medium Neutral Citation: R v Knott [2019] NSWDC 839 Hearing dates: 14 October 2019 Decision date: 24 October 2019 Jurisdiction: Criminal Before: King SC DCJ Decision: Convicted. Indicative sentences of imprisonment: SEQ 3: 2 years + 10 months - NPP 2 years + 1 month SEQ 5: 3 years - NPP 2 years + 3 months SEQ 18: 6 years - NPP 4 years + 6 months SEQ 19: 6 years - NPP 4 years + 6 months SEQ 20: 6 years - NPP 4 years + 6 months Aggregate sentence: Sentenced to a term of imprisonment of 8 years comprising a NPP of 6 years to commence on 20 October 2018 and to expire on 19 October 2024 and a balance of term of 2 years commencing on 20 October 2024 and expiring on 19 October 2026. Catchwords: CRIMINAL - Sentence - groom child under 14 years for unlawful sexual activity - use child under 14 years to make child abuse material – 3 offences of having sexual intercourse with a person above the age of ten and under the age of 14 years – significant overlap between offences – degree of accumulation – role of internet and mobile phone in creating and transmitting child abuse material – deterrence – subjective matters Legislation Cited: Crimes Act 1900 Crimes (Sentencing Procedure) Act 1999 Cases Cited: Callaghan v The Queen [2006] NSWCCA 58 Clarkson v The Queen; EJA v The Queen [2011] 32 VR 361 Minehan v The Queen (2010) 201 A Crim R 243 R v Fernando [2002] NSWCCA 28 R v Huynh [2003] NSWCCA 239 R v McVittie [2002] NSWCCA 344 R v Moffitt (1990) 20 NSWLR 114 R v Nelson [2016] NSWCCA 130 R v Thomson; R v Houlton (2000) NSWLR 383 Category: Sentence Parties: Regina Knott, Alan Representation: Solicitors: Crown: Ms R O'Meagher, Mr J Lee Offender: Mr R Harrison File Number(s): 2018/00275647 Publication restriction: Non Publication Order in respect of the complainant and anything that could tend to identify her