District Court
New South Wales
- Amendment notes
Medium Neutral Citation: R v Coomber [2024] NSWDC 579 Hearing dates: 28 November 2024 Date of orders: 6 December 2024 Decision date: 06 December 2024 Jurisdiction: Criminal Before: Newlinds SC DCJ Decision: (1) The Offender is convicted.
(2) For the sequence 3 offence, taking into account the s 16BA matter and having deducted 25% for the plea of guilty, the Offender is sentenced to a period of imprisonment of 3 years commencing 20 November 2024 and expiring 19 November 2027.
(3) Being satisfied that there are exceptional circumstances, I order, pursuant to s 20(1)(b) of the Crimes Act 1914 (Cth), the Offender be released forthwith on a Recognizance Release Order for a period of 3 years, commencing 6 December 2024, upon giving security himself in the sum of $5,000 upon the conditions found at para [75]
(4) For the sequence 1 offence, I impose a Community Correction Order for 3 years commencing 6 December 2024 on the same conditions as set out at [75].
Catchwords: CRIME — Child sex offences — Child abuse material — Using carriage service for child pornography material or child abuse material – Intentionally import tier 2 goods without approval.
SENTENCING — Federal offenders — Relevant considerations
Legislation Cited: Crimes (Sentence Procedure) Act 1999 (NSW) s 3A; s 5; s 21A; s 25D
Crimes Act 1914 (Cth) s 3; s 16A; s 16BA; s 17A; s 20(1)(b)
Customs Act 1901 (Cth) s 233BAB(5)
Criminal Code (Cth) s 474.22A(1);
Crimes Act 1900 (NSW) s 91H(2);
Child Protection (Offender Registration) Act 2000 (NSW) s 9
Cases Cited: Crowder (a pseudonym) v The King [2024] VSCA 211
R v Hutchison [2018] NSWCCA 152
RvPorte [2015] NSWCCA 174
Category: Sentence Parties: Director of Public Prosecutions (Cth) (Crown)
Richard Trayton Coomber (Offender)Representation: Counsel:
Solicitors:
D Jordan (Crown)
S Flood SC (Offender)
CDPP (Crown)
Kingston Fox Lawyers (Offender)
File Number(s): 2023/31772 Publication restriction: Nil
JUDGMENT
Overview
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Richard Trayton Coomber (“the Offender”) has pleaded guilty to the following offences, for which he is to be sentenced:
Seq
Section
Offence
Max. Penalty
3
s 474.22A(1) Criminal Code (Cth)
Possess or control child abuse material using a carriage service.
15 years’ imprisonment
1
s 91H(2) Crimes Act 1900 (NSW)
Possess child abuse material
On indictment: 10 years’ imprisonment
Where disposed of summarily, jurisdictionally limited to 2 years’ imprisonment and/or 100 penalty units.
-
It is agreed that the maximum sentence for the sequence 1 offence is 2 years, because it is being dealt with in this Court as if it were being dealt with summarily.
-
The Offender also admits the following offence, which is to be taken into account when sentence is passed for Sequence 3, pursuant to s 16BA of the Crimes Act 1914 (Cth) (“Crimes Act”):
Seq
Section
Offence
Max. Penalty
2: s 16BA schedule
item 1
s 233BAB(5) Customs Act 1901 (Cth)
Intentionally import tier 2 goods without approval.
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- AGLC
- R v Coomber [2024] NSWDC 579
- Case
- [2024] NSWDC 579
- Decision Date
CaseChat Overview and Summary
The legal issues that the court had to decide in this case were primarily concerned with the appropriate sentence for the offender, considering the severity and nature of the crimes committed. The court had to assess the relevant factors under the Crimes Act 1914 (Cth) for determining the sentence, as well as the mitigating and aggravating circumstances of the case. Additionally, the court needed to consider the offender's plea of guilty, which warranted a discount in the sentence. The court also needed to determine whether exceptional circumstances existed that would warrant the offender's immediate release on a Recognizance Release Order.
The court, after considering the relevant factors and legal principles, concluded that the offender was guilty on both counts. The court imposed a sentence of three years imprisonment for the second sequence offence, with a 25% reduction for the plea of guilty, and a further reduction under s 16BA. The court also imposed a Community Correction Order for the first sequence offence, which would run concurrently with the imprisonment term. The court found that exceptional circumstances existed, warranting the offender's immediate release on a Recognizance Release Order, with conditions to be met during the release period. The court ordered the offender to be released forthwith on a Recognizance Release Order for a period of three years, upon providing security of $5,000.
Orders
Orders of the court
(1) The Offender is convicted.
(2) For the sequence 3 offence, taking into account the s 16BA matter and having deducted 25% for the plea of guilty, the Offender is sentenced to a period of imprisonment of 3 years commencing 20 November 2024 and expiring 19 November 2027.
(3) Being satisfied that there are exceptional circumstances, I order, pursuant to s 20(1)(b) of the Crimes Act 1914 (Cth), the Offender be released forthwith on a Recognizance Release Order for a period of 3 years, commencing 6 December 2024, upon giving security himself in the sum of $5,000 upon the conditions found at para [75]
(4) For the sequence 1 offence, I impose a Community Correction Order for 3 years commencing 6 December 2024 on the same conditions as set out at [75].
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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