R v Atkinson

[2024] NSWDC 475

District Court

New South Wales

Medium Neutral Citation:

R v ATKINSON [2024] NSWDC 475

Hearing dates:

10 October 2024

Decision date:

10 October 2024

Jurisdiction:

Criminal

Before:

NOMAN SC DCJ

Decision:

Sentenced to 2 years and 4 months imprisonment, with a non-parole period of 1 year and 2 months to date from 8 October 2024. Release to parole arises on 7 December 2025.

Catchwords:

SENTENCE – Imprisonment - possess child abuse material – possess bestiality material – Form 1 – special circumstances

Legislation Cited:

s.91H(2)Crimes Act 1900 (NSW)

s.547E(2) Crimes Act 1900 (NSW)

Cases Cited:

Minehan v R [2010] NSWCCA 140

Category:

Sentence

Parties:

Rex;
Simon Thomas Atkinson

Representation:

Counsel:
Defence: L Davids

Solicitors:
Crown: E Blackburn

File Number(s):

2023/262013

JUDGMENT

1. Simon Atkinson, the offender, appears for sentence after entering a plea of guilty in the Local Court to an offence of possessing child abuse material. This offence is contrary to s.91H(2) Crimes Act with an applicable maximum penalty of 10 years imprisonment.

2. The maximum penalty reflects the seriousness with which this offence is regarded.

3. The offender has signed a form 1 document that lists an offence of possessing bestiality material. This offence is contrary to s.547E(2) Crimes Act, and if for sentence would have a maximum penalty of 3 years imprisonment. The offender asks that I take into account this matter on the form 1 when I sentence on the offence for sentence. I consider it appropriate that I take this further matter into account in accordance with sentencing principles. The offence is of a separate but not dissimilar nature to the offence for sentence. It is of far less severity. It warrants minimal recognition in adjusting the sentence.

4. The offender was arrested on 17 August 2023. The plea of guilty was entered in the Local Court on 1 May 2024. The early plea is such as to warrant a reduction of 25% to an otherwise appropriate sentence.

5. The Crown tendered agreed facts as part of Ex A on sentence.

6. The document is detailed, particularly in describing the nature of images or videos. I have had regard to the entire document although in delivering my reasons for sentence, I intend to incorporate only selected parts.

7. The offender came to the attention of police due to his downloading of media files containing child abuse material being detected by the Child Exploitation Media Unit. Two days later police executed a search warrant at the offender’s home and located relevant material on his desktop computer which was located in the family dining room. This was a home that the offender resided in with his wife of 16 years and his son and twin daughters; all three children being aged under 10.

8. The offender initially did not declare the possession but did so after being informed that items were to be seized. He volunteered he downloaded a peer-to-peer software to download the images. The images included both photographs and videos. Admissions were made during his subsequent interview including his addiction to pornography…