R v Corbett - [2023] NSWDC 248

District Court

New South Wales

Medium Neutral Citation: R v Corbett [2023] NSWDC 248
Hearing dates: 27 April 2023
Decision date: 12 May 2023
Jurisdiction: Criminal
Before: King SC DCJ
Decision:
SEQ 001:
The offender, Nathan James CORBETT, is sentenced a term of imprisonment of 9 months to commence on 12 May 2023 and expiring on 11 February 2024
Execution of the sentence is wholly suspended upon the condition that the offender enter into a recognizance self in the sum of $1000.00 without security
To comply with the following conditions:
(a) that the offender is to be of good behaviour for a period of 2 years to date from 12 May 2023
(b) that the offender is to comply with the following further conditions:
Supervision to ensure continuation of psychological or psychiatric counselling
To obey the orders of Pauline Jeffress and/or any other appointed Community Corrections Officer
Not to travel interstate or overseas without the written permission of the probation officer.
SEQ 002:
Taken into account under Schedule 16BA
I make forfeiture orders as per the Short Minutes of Order handed up in court and signed by me today.

Catchwords:
CRIMINAL – sentence – transmit child pornography material using a carriage service - solicit child abuse material using a carriage service – seriousness of offences – deterrence – paramount public interest in promoting protection of children - subjective matters

Legislation Cited:
Crimes Act 1914
Crimes Legislation Amendment (Sexual Crimes Against Children & Community Protection Measures) Act 2020
Criminal Code Act 1995

Cases Cited:
Assheton v R (2002) 132 A Crim R 237
Attorney General’s Application Under s 37 of the Crimes (Sentencing Procedure) Act 1999, No 1 of (2002) 56 NSWLR 14
DPP v Garside [2016] VSCA 74
Gifford v R [2016] NSWCCA 302
Markarian v R (2005) 228 CLR 357
Minehan v R (2010) 201 A Crim R 243
RvGent (2005) 162 A Crim R 29
R v Hutchinson [2018] NSWCCA 152
R v Jones (1999) 108 A Crim 50
Tector v R [2008] NSWCCA 151

Category: Sentence
Parties: Rex
Corbett, Nathan James
Representation:
Counsel:
Cr: Ms D New
Def: Mr L Fernandez
Solicitors:
Cr: Ms A Aitken CDPP
Def: Ms J Ceic Nyman Gibson Miralis

File Number(s): 2022/00033146

JUDGMENT

HIS HONOUR: Nathan Corbett appears for sentence in respect of an offence of transmit child pornography material using a carriage service contrary to s 474.19(1) of the Criminal Code Act 1995 (Cth). The maximum penalty provided for such an offence is 15 years’ imprisonment and/or a fine of 900 penalty units.
There is a further offence contained on a s 16BA Schedule of solicit child abuse material using a carriage service contrary to s 474.22(1) of the Criminal Code (Cth). The maximum penalty for that offence is exactly the same as the last offence if being dealt with separately and not on a s 16BA Schedule.
The first of those offences was committed on 26 August 2019 and the offence on the s 16BA Schedule was…

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 Corbett

Details

AGLC: R v Corbett [2023] NSWDC 248
Case: [2023] NSWDC 248
Decision Date: 12 May 2023

CaseChat Overview and Summary

In the case of R v Corbett, the appellant, Nathan James Corbett, appeared before the court to face charges related to the transmission of child pornography and solicitation of child abuse material using a carriage service. The case was heard and determined by the court, which was tasked with assessing the seriousness of the offences and determining an appropriate sentence.

The legal issues central to this case revolved around the gravity of Corbett's actions, the need for deterrence, and the paramount public interest in protecting children. The court had to weigh these factors carefully in order to ensure that the sentence met the objectives of punishment, deterrence, and rehabilitation. Additionally, the court considered the circumstances surrounding the offences, including any aggravating or mitigating factors.

The court's reasoning involved a thorough examination of the evidence presented and the nature of the offences. It recognised the heinous nature of the crimes, which involved the exploitation of children, and emphasised the importance of protecting the vulnerable. In determining the sentence, the court took into account the need for general deterrence and the need to send a strong message against such activities. The court also considered the personal circumstances of Corbett, including his previous criminal history and his potential for rehabilitation. Ultimately, the court decided that a suspended sentence, coupled with strict conditions, was the most appropriate course of action. The court ordered that Corbett be imprisoned for a term of nine months, with execution suspended on the condition that he enter into a recognizance and comply with various conditions, including supervision and restrictions on travel.

The final orders of the court included a suspended sentence, forfeiture of certain items, and a range of conditions to be adhered to by Corbett. The sentence was designed to balance the need for punishment and deterrence with the potential for rehabilitation and protection of the community.

Orders

Orders of the court

SEQ 001:

The offender, Nathan James CORBETT, is sentenced a term of imprisonment of 9 months to commence on 12 May 2023 and expiring on 11 February 2024

Execution of the sentence is wholly suspended upon the condition that the offender enter into a recognizance self in the sum of $1000.00 without security

To comply with the following conditions:

(a) that the offender is to be of good behaviour for a period of 2 years to date from 12 May 2023

(b) that the offender is to comply with the following further conditions:

Supervision to ensure continuation of psychological or psychiatric counselling

To obey the orders of Pauline Jeffress and/or any other appointed Community Corrections Officer

Not to travel interstate or overseas without the written permission of the probation officer.

SEQ 002:

Taken into account under Schedule 16BA

I make forfeiture orders as per the Short Minutes of Order handed up in court and signed by me today.

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 Corbett [2023] NSWDC 248
Hearing dates:	27 April 2023
Decision date:	12 May 2023
Jurisdiction:	Criminal
Before:	King SC DCJ
Decision:	SEQ 001: The offender, Nathan James CORBETT, is sentenced a term of imprisonment of 9 months to commence on 12 May 2023 and expiring on 11 February 2024 Execution of the sentence is wholly suspended upon the condition that the offender enter into a recognizance self in the sum of $1000.00 without security To comply with the following conditions: (a) that the offender is to be of good behaviour for a period of 2 years to date from 12 May 2023 (b) that the offender is to comply with the following further conditions: Supervision to ensure continuation of psychological or psychiatric counselling To obey the orders of Pauline Jeffress and/or any other appointed Community Corrections Officer Not to travel interstate or overseas without the written permission of the probation officer. SEQ 002: Taken into account under Schedule 16BA I make forfeiture orders as per the Short Minutes of Order handed up in court and signed by me today.
Catchwords:	CRIMINAL – sentence – transmit child pornography material using a carriage service - solicit child abuse material using a carriage service – seriousness of offences – deterrence – paramount public interest in promoting protection of children - subjective matters
Legislation Cited:	Crimes Act 1914 Crimes Legislation Amendment (Sexual Crimes Against Children & Community Protection Measures) Act 2020 Criminal Code Act 1995
Cases Cited:	Assheton v R (2002) 132 A Crim R 237 Attorney General’s Application Under s 37 of the Crimes (Sentencing Procedure) Act 1999, No 1 of (2002) 56 NSWLR 14 DPP v Garside [2016] VSCA 74 Gifford v R [2016] NSWCCA 302 Markarian v R (2005) 228 CLR 357 Minehan v R (2010) 201 A Crim R 243 RvGent (2005) 162 A Crim R 29 R v Hutchinson [2018] NSWCCA 152 R v Jones (1999) 108 A Crim 50 Tector v R [2008] NSWCCA 151
Category:	Sentence
Parties:	Rex Corbett, Nathan James
Representation:	Counsel: Cr: Ms D New Def: Mr L Fernandez Solicitors: Cr: Ms A Aitken CDPP Def: Ms J Ceic Nyman Gibson Miralis
File Number(s):	2022/00033146