R v Blowers

[2020] NSWDC 813

District Court

New South Wales

Medium Neutral Citation:

R v Blowers [2020] NSWDC 813

Hearing dates:

14-31 July 2020; 9 October 2020; 20 November 2020

Decision date:

27 November 2020

Jurisdiction:

Criminal

Before:

Norrish QC DCJ

Decision:

Sentenced to an aggregate term of imprisonment of 5 years; non-parole period 2 years 8 months.

Confiscation order for Apple iPhone

Catchwords:

CRIME – sentence – use carriage service to transmit child pornography material

Legislation Cited:

Commonwealth Crimes Act

Crimes (Sentencing Procedure) Act1999

Criminal Code(Cth)

Cases Cited:

Hili & Jonesv R [2010] HCA 45; 242 CLR 520

Holder and Anor v R (1983) 3 NSWLR 245

Jimmyv R [2010] NSWCCA 60

Johnson v R [2004] HCA 15; 78 ALJR 616

Lyons v R [2017] NSWCCA 204

Mill v R (1988) 166 CLR 59

Minehan [2010] NSWCCA140

Pearce v R [1998] 194 CLR 610

Porte v R [2015] NSWCCA 174

R v Linardon [2014] NSWCCA 247

Category:

Sentence

Parties:

Regina (Crown)
Philip George Blowers (Offender)

Representation:

Counsel:
Ms P McEniery (DPP)
Mr G Stanton (Offender)

File Number(s):

2017/00294558

Publication restriction:

Non publication order of the residential address of the accused

Judgment

1. Mr Blowers, my practice is to tell prisoners in advance what their sentence is going to be. I think that is the only humane and decent thing you can do. You are not interested on the intricacies of s 16A of the Commonwealth Crimes Act. I propose to sentence you to five year’s imprisonment with a non-parole period of two years, eight months imprisonment. That sentence will commence on the date you came into custody on 31 July 2020. On my orders you will be eligible for release to parole on 30 March 2023, and the sentence I fix will expire on 30 July 2025. I have been told by the Crown that I can fix an aggregate sentence pursuant to the State legislation under Commonwealth enabling powers. I propose to fix 25 indicative sentences, which I will explain, I will not give them to you now, but when I promulgate the formal orders I will give full details for the parties and I will ask my Associate to print out copies of the orders and they can be given to the parties. I now have to give my reasons.

2. Philip George Blowers appears today for sentence in respect of 25 offences after trial, bearing in mind he was found guilty by jury verdicts on 31 July 2020. Three offences are contrary to s 474.24A (1) Criminal Code (Cth) hereinafter to be referred to as “the Code”. These are offences of using a carriage service to transmit material, being child pornography material, on three or more separate occasions, on each such occasion involving two or more people. These are offences committed variously between 27 August 2017 and 27 September 2017. Each offence carries a maximum penalty of 25 years imprisonment. These offences overlap with 22 other offences contrary to s 474.19 (1) (a)…