Court of Criminal Appeal
Supreme Court
New South Wales
Medium Neutral Citation: James v R [2015] NSWCCA 97 Hearing dates: 1 July 2013, 8 May 2015 Date of orders: 15 May 2015 Decision date: 15 May 2015 Before: Hoeben CJ at CL at [1]
Fullerton J at [1]
Schmidt J at [1]Decision: Leave to appeal be allowed, but the appeal be dismissed.
Catchwords: CRIMINAL LAW - sentence appeal - 16 offences relating to the possession and transmission of child pornography - using a carriage service to cause offence - whether sentencing judge erred in assessing objective seriousness of offences - whether sentences are manifestly excessive Legislation Cited: Crimes Act 1900 (NSW)
Criminal Code Act 1995 (Cth)
Crimes Legislation Amendment (Sexual Offences Against Children) Act 2010 (Cth)Cases Cited: Cargnello v Director of Public Prosecutions (Cth) [2012] NSWCCA 162
Franklin v R [2013] NSWCCA 122
Kentwell v The Queen [2014] HCA 37; 313 ALR 451
McCarthy v R [2011] NSWCCA 64
Minehan v R [2010] NSWCCA 140; 201 A Crim R 243
MPB v R [2013] NSWCCA 213
Postiglione v The Queen (1997) 189 CLR 295
R v Booth [2009] NSWCCA 89
R v De Simoni [1981] HCA 31; 147 CLR 383; 5 A Crim R 329
R v Gent [2005] NSWCCA 370; 162 A Crim R 29
R v Jarrold [2010] NSWCCA 69
R v Knight (2005) 155 A Crim R 252 at [112] and R v MAK (2006) 167 A Crim R 159
Ranguihuna v R [2105] NSWCA 48Category: Principal judgment Parties: Paul Stephen James (Applicant)
The Crown (Respondent)Representation: Counsel:
Solicitors:
A Miller (Applicant)
C O’Donnell (Crown)
Hammond Solicitors (Applicant)
Commonwealth Director of Public Prosecutions (Crown)
File Number(s): 2010/154421 Publication restriction: None Decision under appeal
- Court or tribunal:
- District Court of NSW
- Jurisdiction:
- Criminal Law
- Date of Decision:
- 04 November 2011
- Before:
- Cogswell DCJ
- File Number(s):
- 2010/154421
Judgment
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THE COURT: The applicant seeks leave to appeal against the sentences imposed in the District Court on 4 November 2011 after a jury convicted him of sixteen offences relating to the possession and transmission of multiple still images and multimedia files of child pornography or child abuse material contrary to the Criminal Code Act1995 (Cth) (“the transmission counts”) and the Crimes Act1900 (NSW) (“the possession count”). He was also convicted of using a carriage service to cause offence contrary to s 474.17(1) of the Criminal Code Act (“the Criminal Code”).
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The first of the transmission offences, committed on 13 April 2010, attracted a maximum penalty of 10 years under s 474.19(1)(a)(iii) of the Criminal Code with the balance of the transmission offences, committed on various days between 2 May 2010 and 2 June 2010, committed in breach of the same section, attracting a maximum penalty of 15 years imprisonment. The maximum penalty for that offence was increased from 10 to 15 years by the Crimes Legislation Amendment (Sexual Offences Against Children) Act2010 (Cth), effective from 15…
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- AGLC
- James v The Queen [2015] NSWCCA 97
- Case
- [2015] NSWCCA 97
- Decision Date
CaseChat Overview and Summary
The appeal was dismissed. The court's decision affirmed the importance of a careful and principled approach to sentencing in cases involving serious sexual offences against children. It highlighted the need for courts to consider the objective seriousness of the offences, the degree of harm caused, and the broader purposes of sentencing, including deterrence and denunciation. The court's decision provides guidance for sentencing courts in similar cases, ensuring that sentences are proportionate to the gravity of the offences and the need to protect society.
Orders
Orders of the court
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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