R v Glenn [2020] NSWDC 44

District Court New South Wales

Medium Neutral Citation: R v Glenn [2020] NSWDC 44 Hearing dates: 21 February 2020 Decision date: 12 March 2020 Jurisdiction: Criminal Before: Mahony SC DCJ Decision: Full-time custodial sentence. For orders see [105] Catchwords: State offence of possess child abuse material; Commonwealth offence of use carriage service to access child pornography material Legislation Cited: Crimes Act 1900 (NSW) Crimes Act 1914 (Cth) Crimes (Sentencing Procedure) Act 1999 Criminal Code 1995 (Cth) Cases Cited: Baden v R [2020] NSWCCA 23 DPP v Swingler [2017] VSCA 305 Fitzgerald v R [2015] NSWCCA 266 Hoskins v R [2016] NSWCCA 157 R v Booth [2009] NSWCCA 89 R v Cahyadi [2007] NSWCCA 1; 168 ACrimR 41 R v De Leeuw [2015] NSWCCA 183 R v Edwards (1996) 90 ACrimR 510 R v Gent [2005] NSWCCA 370 R v Hutchinson [2018] NSWCCA 152 R v Porte [2015] NSWCCA 174 Xiao v R [2018] NSWCCA 4 Category: Sentence Parties: Director of Public Prosecutions (Cth) (Crown) Rohan Paul Glenn (Offender) Representation: Solicitors: E Hirst (Cth Crown) R Baldeo (Offender)

Nyman Gibson Miralis File Number(s): 19/61872 Publication restriction: Nil

REMARKS ON SENTENCE 1. The offender is to be sentenced in respect of the following two charges to which he has entered pleas of guilty: 1. Sequence 2 – Possess child abuse material pursuant to s 91H(2) of the Crimes Act 1900 (NSW). The maximum penalty proscribed is 10 years imprisonment. There is no Standard Non-Parole Period. 2. Sequence 3 – Use carriage service to access child pornography material pursuant to s 474.19(1)(a)(i) of the Criminal Code 1995 (Cth). The maximum penalty proscribed is 15 years imprisonment. 1. In respect of the second matter, the offender has asked to be taken into account on a Schedule pursuant to s 16BA of the Crimes Act 1914 (Cth), the following three offences: 1. Using a carriage service to access child pornography material pursuant to s 474.19(1)(a)(i) of the Criminal Code 1995 (Cth), between 10 September 2018 and 20 November 2018. 2. Using a carriage service to access child pornography material pursuant to s 474.19(1)(a)(i) of the Criminal Code 1995 (Cth), between 7 November 2018 and 20 November 2018. 3. Using a carriage service to access child pornography material pursuant to s 474.19(1)(a)(i) of the Criminal Code 1995 (Cth), between 8 April 2018 and 12 August 2018. The maximum penalty proscribed in respect of each of these offences is 15 years imprisonment. 1. The offender has admitted his guilt in respect of those three matters and has asked that they be taken into account by the court in passing sentence for the offence listed above, namely, Sequence 3.