R v Curtis

[2025] NSWDC 214

District Court

New South Wales

Medium Neutral Citation:

R v CURTIS [2025] NSWDC 214

Hearing dates:

27 March 2025

Decision date:

27 March 2025

Jurisdiction:

Criminal

Before:

Noman SC DCJ

Decision:

Aggregate sentence of imprisonment of 3 years and 6 months imprisonment to date from 24 March 2025 with a non-parole period of 2 years. The offender will be eligible for release to parole on 23 March 2027.

Catchwords:

SENTENCING – Commonwealth offences – transmitting child abuse material – possessing child abuse material using a carriage service - imprisonment

Legislation Cited:

ss 474.22(1) and 474.22A(1) of the Criminal Code Act 1995 (Cth)

Cases Cited:

R v Hutchinson [2018] NSWCCA 152

Minehan v R [2010] NSWCCA 140

Category:

Sentence

Parties:

Rex;
Michael John Curtis

Representation:

Counsel:
B Stevens (Crown)
E Wasilenia (Offender)

Solicitors:
Commonwealth Director of Public Prosecutions
Proctor and Associates (Offender)

File Number(s):

2023/189950

JUDGMENT

1. When arraigned before a jury, the offender, Michael Curtis, entered pleas of not guilty to seven Commonwealth offences. The jury returned verdicts of guilty to six of those counts. The offender is to be sentenced for the following offences:

1. Counts 1 and 3: cause to transmit child abuse material using a carriage service contrary to s 474.22(1) of the Criminal Code;

2. Counts 2 and 4: transmit child abuse material using a carriage service contrary to s 474.22(1) of the Criminal Code;

3. Counts 6 and 7: possess child abuse material having been obtained using a carriage service contrary to s 474.22A(1) of the Criminal Code;

2. Each offence provision has a maximum penalty of 15 years' imprisonment.

3. I must sentence in accordance with Commonwealth sentencing principles. The maximum penalty for an offence provides relevant guidance. In determining the sentence to be passed, I must impose a sentence that is of a severity appropriate in all the circumstances of the offence.

4. During the trial the offender signed an agreed facts document: Exhibit F. Much of the content was readily provable by direct evidence. However, it saved some limited time in presenting the evidence in this form. The material agreement that saved time and spared the jury being exposed to the source images, was the acceptance that the material was child abuse material. I also take into account that the offender assisted the investigation by providing his passwords to devices. This approach reflects a willingness to facilitate the course of justice and utilitarian benefit and warrants recognition and some amelioration to sentence.

5. This is a sentence after trial and the facts for sentence are to be derived from the evidence called at trial. Any determination on the facts must not be inconsistent with the verdict of the jury. Different standards apply to findings whether made adverse to or in favour of the offender.

6. The offences of cause to transmit occurred in 2021 and 2022 and those of transmitting occurred in 2021 and 2022. Specific and different date ranges are provided for each of those offences. The two offences of possession related to what was located on two phones on…