Australia, Sept. 3 -- New South Wales Land and Environment Court issued text of the following judgement on Aug. 4:

1. GARLING J: I agree with Ierace J.

2. LONERGAN J: I agree with Ierace J.

3. IERACE J: The applicant seeks leave pursuant to s 5(1)(c) of the Criminal Appeal Act 1912 (NSW) to appeal a sentence imposed on him on 12 April 2024 by N Williams DCJ for seven Commonwealth offences relating to child abuse.

4. The offences were as follows:

1) Sequence 1, that on 6 April 2023 he intentionally imported prohibited tier 2 goods (child abuse material), contrary to s 233BAB(5) of the Customs Act 1901 (Cth), which has a maximum penalty of 10 years imprisonment and/or 2,500 penalty units;

2) Sequence 2, that between about 22 April 2023 and 11 May 2023 he procured a child to engage in sexual activity outside of Australia, contrary to s 272.14(1) of the Criminal Code Act 1995 (Cth), which has a maximum penalty of 15 years imprisonment;

3) Sequence 3, that between about 2 and 3 November 2022 he procured a child to engage in sexual activity outside of Australia, contrary to s 272.14(1) of the Criminal Code Act;

4) Sequence 4, that between about 2 and 3 November 2022 he used a carriage service to cause child abuse material to be transmitted to himself, contrary to s 474.22(1) of the Criminal Code Act, which has a maximum penalty of 15 years imprisonment;

5) Sequence 5, that between about 5 November and 4 December 2022 he used a carriage service to solicit child abuse material, contrary to s 474.22(1) of the Criminal Code Act;

6) Sequence 6, that between about 11 November and 30 November 2022 he used a carriage service to transmit child abuse material, also contrary to s 474.22(1) of the Criminal Code Act;

7) Sequence 7, that between about 11 November and 30 November 2022 he used a carriage service to access child abuse material, contrary to s 474.22(1) of the Criminal Code Act; and

8) Sequence 8, that on about 24 May 2023 he possessed or controlled child abuse material obtained using a carriage service, contrary to s 474.22A(1) of the Criminal Code Act.

5. The applicant pleaded guilty to the charges while they were in the Local Court. Sequence 6 was scheduled to Sequence 7 pursuant to s 16BA of the Crimes Act 1914 (Cth) so that it was taken into account in the sentence for Sequence 7. The applicant received an aggregate term of imprisonment of 7 years, commencing on 24 May 2023 and expiring on 23 May 2030, with a non-parole period of 4 years and 3 months, expiring on 23 August 2027. The indicative sentences were as follows: Sequence 1: 2 years 7 months; Sequence 2: 3 years 10 months; Sequence 3: 3 years 9 months; Sequence 4: 3 years; Sequence 5: 2 years; Sequence 7: 2 years 10 months; and Sequence 8: 22 months.

6. The applicant relied upon two inter-related grounds of appeal. The first was amended at the hearing, so that they were as follows:

"Ground 1

Her Honour erred in finding that there was no direct causal connection between the applicant's mental health and the offending conduct, and that upon this basis her Honour was not prepared to find any reduction in moral culpability and specific deterrence, and no basis for a significant reduction of the sentence with respect to the principle of general deterrence.

Ground 2

The sentence imposed was manifestly excessive."

*Rest of the document can be viewed at: (https://www.caselaw.nsw.gov.au/decision/19859ccc03cc63becd350580)

Disclaimer: Curated by HT Syndication.