R v Brimble - [2025] NSWDC 135

District Court

New South Wales

Medium Neutral Citation: R v Brimble [2025] NSWDC 135
Hearing dates: 5 & 20 March 2025
Date of orders: 20 March 2025
Decision date: 20 March 2025
Jurisdiction: Criminal
Before: R Tupman DCJ
Decision:
A term of imprisonment of 15 months in relation to sequence 2 and a term of imprisonment of 12 months in relation to sequence 7. Pursuant to s 20(1)(b) of the Crimes Act 1914 (Cth), the offender is released forthwith on the condition the offender enters into a recognisance, self, in the sum of $500 for a period of 2 years: at [72]

Catchwords:
CRIME — Child sex offences — Child abuse material — Using carriage service for child pornography material or child abuse material
— Production/Dissemination/Possession
SENTENCING — Mitigating factors — Good character — Plea of guilty — Rehabilitation — Remorse — Unlikely to re-offend
SENTENCING — Penalties — Recognisance
SENTENCING — Relevant factors on sentence — Deterrence — Establishing relevant matters — Factual basis for sentence — s 16BA schedule offences — General principles — Objective seriousness
SENTENCING — Subjective considerations on sentence — Age of offender — Extra curial punishment — Health issues

Legislation Cited:
Crimes Act 1914
Criminal Code (Cth)

Cases Cited:
R v Bredil [2024] NSWCCA 75
R v Cardwell [2021] QCA 112
R v Hutchinson [2018] NSWCCA 152

Category: Sentence
Parties:
Rex (Crown)
Toni Brimble (Offender)
Representation:
Ms T Garland (Solicitor for the Commonwealth Director of Public Prosecutions)
Mr Hussey (Counsel for the Offender)

File Number(s): 2023/00363460

Judgment

The offender is before the Court for sentence following pleas of guilty in the Local Court to two counts involving the transmission and possession of child abuse material. The two offences specifically are:

Sequence 2, an offence that on 15 June 2023 at Harrington he caused child abuse material to be transmitted to himself using a carriage service. That is an offence contrary to s 474.22(1) of the Criminal Code (Cth) which carries a maximum penalty of 15 years imprisonment.

Sequence 7 is the second substantive offence and it is a charge that on or about 14 September 2023 at Harrington he possessed child abuse material on a computer or data storage device which he had accessed or obtained using a carriage service. That offence is contrary to s 474.22A(1) of the Criminal Code (Cth) and also carries a maximum penalty of 15 years imprisonment.

The offender asks that when sentencing for sequence 2 I take into account a further offence pursuant to s 16BA of the Crimes Act 1914, namely, sequence 5 a further offence contrary to s 474.22(1), namely, that between 28 March and 29 April 2022 at Harrington and elsewhere he transmitted child abuse material using a carriage service.
In reaching the appropriate sentence for the two substantive offences the Court must take into account the matters referred to in Pt 1B of the Crimes Act 1914, and in particular the provisions of s 16A of that Act. Of significance, as is referred…

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 Brimble

Details

AGLC: R v Brimble [2025] NSWDC 135
Case: [2025] NSWDC 135
Decision Date: 20 March 2025

CaseChat Overview and Summary

In the case of R v Brimble, the defendant was convicted of using a carriage service for child pornography material and child abuse material, and the matter was brought before the court for sentencing. The defendant, Mr. Brimble, had entered a plea of guilty to multiple counts of producing, disseminating, and possessing child pornography material. The court was required to determine the appropriate sentence considering the nature of the offences, mitigating factors, and relevant sentencing principles.

The court had to address several legal issues, including the objective seriousness of the offences, the general principles of sentencing for such crimes, and the subjective considerations pertaining to Mr. Brimble's personal circumstances. It was necessary to establish the factual basis for the sentence, assess the deterrent effect, and weigh the mitigating factors such as Mr. Brimble's good character, plea of guilty, likelihood of rehabilitation, and remorse. Additionally, the court considered Mr. Brimble's age, health issues, and any extra-curial punishment already faced.

In delivering the sentence, the court emphasised the objective seriousness of the offences, recognising the need for deterrence and the protection of children. The court acknowledged the mitigating factors, including Mr. Brimble's early guilty plea, his expressions of remorse, and the prospect of rehabilitation. Considering these factors, the court determined a sentence of 15 months imprisonment for one sequence of offences and 12 months for another. However, due to Mr. Brimble's plea of guilty and other mitigating circumstances, he was released forthwith on the condition he enters into a recognisance of $500 for two years.

The final orders of the court included a sentence of 15 months imprisonment for sequence 2 and 12 months for sequence 7, with immediate release on the condition of a recognisance of $500 for two years. This outcome reflects the court's balancing of the need for deterrence with the mitigating factors presented in the case.

Orders

Orders of the court

A term of imprisonment of 15 months in relation to sequence 2 and a term of imprisonment of 12 months in relation to sequence 7. Pursuant to s 20(1)(b) of the Crimes Act 1914 (Cth), the offender is released forthwith on the condition the offender enters into a recognisance, self, in the sum of $500 for a period of 2 years: at [72]

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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Medium Neutral Citation:	R v Brimble [2025] NSWDC 135
Hearing dates:	5 & 20 March 2025
Date of orders:	20 March 2025
Decision date:	20 March 2025
Jurisdiction:	Criminal
Before:	R Tupman DCJ
Decision:	A term of imprisonment of 15 months in relation to sequence 2 and a term of imprisonment of 12 months in relation to sequence 7. Pursuant to s 20(1)(b) of the Crimes Act 1914 (Cth), the offender is released forthwith on the condition the offender enters into a recognisance, self, in the sum of $500 for a period of 2 years: at [72]
Catchwords:	CRIME — Child sex offences — Child abuse material — Using carriage service for child pornography material or child abuse material — Production/Dissemination/Possession SENTENCING — Mitigating factors — Good character — Plea of guilty — Rehabilitation — Remorse — Unlikely to re-offend SENTENCING — Penalties — Recognisance SENTENCING — Relevant factors on sentence — Deterrence — Establishing relevant matters — Factual basis for sentence — s 16BA schedule offences — General principles — Objective seriousness SENTENCING — Subjective considerations on sentence — Age of offender — Extra curial punishment — Health issues
Legislation Cited:	Crimes Act 1914 Criminal Code (Cth)
Cases Cited:	R v Bredil [2024] NSWCCA 75 R v Cardwell [2021] QCA 112 R v Hutchinson [2018] NSWCCA 152
Category:	Sentence
Parties:	Rex (Crown) Toni Brimble (Offender)
Representation:	Ms T Garland (Solicitor for the Commonwealth Director of Public Prosecutions) Mr Hussey (Counsel for the Offender)
File Number(s):	2023/00363460