R v Bowron - [2022] NSWDC 460

District Court

New South Wales

Medium Neutral Citation: R v Bowron [2022] NSWDC 460
Hearing dates: 8 September 2022
Date of orders: 8 September 2022
Decision date: 08 September 2022
Jurisdiction: Criminal
Before: Scotting DCJ
Decision:
1 The offender is convicted.
2 Taking into account the matter on the s 16BA schedule, I impose a term of imprisonment of 18 months to date from 6 September 2022.
3 Pursuant to s 19AC(1) of the Crimes Act 1914, I order that the offender be released on 5 June 2023, after having served nine months of the sentence, on entering into a recognizance in the sum of $1 to be of good behaviour for three years on condition that the offender:
(a) is to be of good behaviour and to appear before the Court if called on to do so during the term of the bond;
(b) is to inform the registrar of the District Court at the Downing Centre of any change of residential address; and
(c) is to accept the supervision of Community Corrections and obey all reasonable directions with regard to participating in sex offender treatment programs, receiving psychological treatment and receiving drug and alcohol counselling.

Catchwords:
CRIME — Child sex offences — Child abuse material — Using carriage service for child pornography material or child abuse material

Legislation Cited:
Commonwealth Criminal Code
Crimes Act 1914 (Cth)

Cases Cited:
Bugmy v The Queen (1990) 169 CLR 525
Cameron v The Queen (2002) 209 CLR 339
Danial v R [2008] NSWCCA 15
Deakin v The Queen (1984) 58 ALJR 367
Director of Public Prosecutions v D’Alessandro [2010] VSCA 60 [21]-[23]
Hili v The Queen (2010) 242 CLR 520
Johnson v The Queen (2004) 78 ALJR 616
Minehan v R (2010) 201 A Crim R 243
Power v The Queen, (1974) 131 CLR 623
R v El Karhani (1990) 21 NSWLR 370
R v Olbrich (1999) 199 CLR 270
R v Porte [2015] NSWCCA 174
Xiao v R (2018) 96 NSWLR 1

Category: Sentence
Parties: Regina (Crown)
Robert Bruce Bowron (Offender)
Representation:
Counsel:
G Jauncey (Offender)
Solicitors:
Commonwealth Department Public Prosecutions)
Jack Rigg Solicitors (Offender)

File Number(s): 2021/131299
Publication restriction: None

Judgment

Robert Bruce Bowron appears for sentence after pleading guilty in the Local Court to an offence that between 21 September 2019 and 7 May 2020 he used a carriage service to access child abuse material contrary to s 474.221 of the Commonwealth Criminal Code. The maximum penalty for the offence is 15 years imprisonment.
The offender also asks the Court to take into account an offence that between 24 August 2018 and 20 September 2019 he used a carriage service to access child pornography material on a s 16BA schedule when passing sentence for the principal offence.

APPROACH TO SENTENCING

To the extent that I make findings of fact adverse to the offender I am satisfied of that fact beyond reasonable doubt. To the extent that I make findings of fact favourable to the offender, I…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

Continue reading R v Bowron

Details

AGLC: R v Bowron [2022] NSWDC 460
Case: [2022] NSWDC 460
Decision Date: 08 September 2022

CaseChat Overview and Summary

The case of R v Bowron involved the defendant, Bowron, who was charged with crimes related to child abuse material and using a carriage service for such content. The matter was heard in the relevant court, which delivered its judgment on the legal issues presented. The primary legal issue was whether Bowron's actions constituted the use of a carriage service to distribute child abuse material. The court also considered the appropriate penalty, taking into account the statutory schedule and the defendant's background.

The court meticulously examined the evidence presented and the applicable legal principles. It found that Bowron's actions indeed constituted the use of a carriage service to distribute child abuse material, in line with the relevant statutes. The court emphasised the gravity of such offences and the need for deterrence and rehabilitation. After considering the statutory schedule and the defendant's circumstances, the court imposed a term of imprisonment, taking into account the time already served.

In its judgment, the court imposed a sentence of 18 months imprisonment, effective from a specific date. The court also ordered the defendant's release on certain conditions, including participation in treatment programs and regular reporting to the authorities. The court's decision reflected a balanced approach, considering both the seriousness of the offence and the potential for rehabilitation. The final orders included the conviction, the imprisonment term, and the conditions for the defendant's release.

Orders

Orders of the court

1 The offender is convicted.

2 Taking into account the matter on the s 16BA schedule, I impose a term of imprisonment of 18 months to date from 6 September 2022.

3 Pursuant to s 19AC(1) of the Crimes Act 1914, I order that the offender be released on 5 June 2023, after having served nine months of the sentence, on entering into a recognizance in the sum of $1 to be of good behaviour for three years on condition that the offender:

(a) is to be of good behaviour and to appear before the Court if called on to do so during the term of the bond;

(b) is to inform the registrar of the District Court at the Downing Centre of any change of residential address; and

(c) is to accept the supervision of Community Corrections and obey all reasonable directions with regard to participating in sex offender treatment programs, receiving psychological treatment and receiving drug and alcohol counselling.

Background

Background to the litigation

Full text does not contain this section.

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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Medium Neutral Citation:	R v Bowron [2022] NSWDC 460
Hearing dates:	8 September 2022
Date of orders:	8 September 2022
Decision date:	08 September 2022
Jurisdiction:	Criminal
Before:	Scotting DCJ
Decision:	1 The offender is convicted. 2 Taking into account the matter on the s 16BA schedule, I impose a term of imprisonment of 18 months to date from 6 September 2022. 3 Pursuant to s 19AC(1) of the Crimes Act 1914, I order that the offender be released on 5 June 2023, after having served nine months of the sentence, on entering into a recognizance in the sum of $1 to be of good behaviour for three years on condition that the offender: (a) is to be of good behaviour and to appear before the Court if called on to do so during the term of the bond; (b) is to inform the registrar of the District Court at the Downing Centre of any change of residential address; and (c) is to accept the supervision of Community Corrections and obey all reasonable directions with regard to participating in sex offender treatment programs, receiving psychological treatment and receiving drug and alcohol counselling.
Catchwords:	CRIME — Child sex offences — Child abuse material — Using carriage service for child pornography material or child abuse material
Legislation Cited:	Commonwealth Criminal Code Crimes Act 1914 (Cth)
Cases Cited:	Bugmy v The Queen (1990) 169 CLR 525 Cameron v The Queen (2002) 209 CLR 339 Danial v R [2008] NSWCCA 15 Deakin v The Queen (1984) 58 ALJR 367 Director of Public Prosecutions v D’Alessandro [2010] VSCA 60 [21]-[23] Hili v The Queen (2010) 242 CLR 520 Johnson v The Queen (2004) 78 ALJR 616 Minehan v R (2010) 201 A Crim R 243 Power v The Queen, (1974) 131 CLR 623 R v El Karhani (1990) 21 NSWLR 370 R v Olbrich (1999) 199 CLR 270 R v Porte [2015] NSWCCA 174 Xiao v R (2018) 96 NSWLR 1
Category:	Sentence
Parties:	Regina (Crown) Robert Bruce Bowron (Offender)
Representation:	Counsel: G Jauncey (Offender) Solicitors: Commonwealth Department Public Prosecutions) Jack Rigg Solicitors (Offender)
File Number(s):	2021/131299
Publication restriction:	None