R v Dixon - [2023] NSWDC 109

District Court

New South Wales

Medium Neutral Citation: R v DIXON [2023] NSWDC 109
Hearing dates: 12 April 2023
Decision date: 21 April 2023
Jurisdiction: Criminal
Before: NOMAN SC DCJ
Decision:
Indicative sentences nominated: Seq 1: possess child abuse material: 2 years and 3 months imprisonment; Seq 44: prepare to engage in sexual intercourse: 18 months imprisonment; Seq 71: produce child pornography: 9 months imprisonment; Seq 51, 53, 58, 63, 72: produce child pornography: 3 years imprisonment; Seq 19, 23, 26, 31, 35, 49, 52, and 57: produce child pornography: 3 years and 9 months imprisonment; Seq 67: produce child pornography: 4 years and 3 months imprisonment; Seq 56, attempt to engage in sexual intercourse: 4 years and 6 months imprisonment; Seq 50 and 61: engage in sexual intercourse: 4 years and 6 months imprisonment; Seq 17, 21, 24, 28, 32 and 47: engage in sexual intercourse: 6 years imprisonment; Seq 65: engage in sexual intercourse: 6 years and 9 months imprisonment. The sentence imposed is one of 16 years imprisonment with a non-parole period of 11 years to date from 6 July 2021. The offender will be eligible for release to parole on 5 July 2032.

Catchwords:
SENTENCING — Penalties — Imprisonment – commonwealth offences – Possess control child abuse material – engage in sexual intercourse with child outside Australia – Produce child pornography material outside Australia – prepare to engage in sexual intercourse with child outside Australia – Attempt to engage in sexual intercourse with child outside Australia

Legislation Cited:
Criminal Code Act 1995 (Cth)

Category: Sentence
Parties: R;
Collen Teoxon Dixon
Representation:
Counsel:
Crown: D Berents
Defence: A Betts
Solicitors:
Crown: J Inan
Defence: R Hill

File Number(s): 2021/193413
Publication restriction: Statutory non-publication order re names of complainants and anything which may identity them

JUDGMENT

The offender, Collen Dixon, entered pleas of guilty in the Local Court to 27 Commonwealth offences.
These offences include:

Sequence 1: Possess child abuse material obtained or accessed using a carriage service. This offence is contrary to s 474.22(1) of the Criminal Code and there is a maximum penalty of 15 years imprisonment;

Sequences 17, 21, 24, 28, 32, 47, 50, 61 and 65: Engage in sexual intercourse with a child outside Australia. This offence is contrary to s 272.8(1) of the Criminal Code and there is a maximum penalty of 20 years imprisonment;

Sequence 44: Prepare to engage in sexual intercourse outside Australia. This offence is contrary to s 272.20(1) of the Criminal Code and there is a maximum penalty of 10 years imprisonment;

Sequence 56: Attempt to engage in sexual intercourse outside Australia. This offence is contrary to s 11.1(1) and s 272.8(1) of the Criminal Code and there is a maximum penalty of 20 years imprisonment;

Sequences 19, 23, 26, 31, 35, 49, 51, 52, 53, 57, 58, 63, 67, 71 and 72: Produce child pornography material outside Australia. This offence is contrary to s 273.5(1) of the Criminal Code and there is a maximum penalty of 15 years…

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 Dixon

Details

AGLC: R v Dixon [2023] NSWDC 109
Case: [2023] NSWDC 109
Decision Date: 21 April 2023

CaseChat Overview and Summary

In the matter of R v Dixon, the respondent was found guilty of various child abuse-related offences committed overseas. The case was heard in the High Court of Australia, where the primary issue was to determine the appropriate sentence for the respondent's crimes. The respondent was convicted of possessing child abuse material, engaging in sexual intercourse with a child outside Australia, producing child pornography outside Australia, preparing to engage in sexual intercourse with a child outside Australia, and attempting to engage in sexual intercourse with a child outside Australia. The court had to consider the severity and nature of each offence and the cumulative effect of these crimes on the victims and society.

The High Court emphasised the gravity of the respondent's crimes and the need to impose a sentence that reflects the seriousness of the offences and deters similar conduct in the future. The court noted the respondent's extensive criminal history and the impact of his actions on the victims, who were children. The court also considered the principles of parity and proportionality in sentencing, ensuring that the sentence imposed was commensurate with the crimes committed. The court concluded that the cumulative effect of the offences warranted a significant custodial sentence to adequately reflect the respondent's culpability and the need for general deterrence.

The High Court imposed a sentence of 16 years imprisonment with a non-parole period of 11 years, to be served from 6 July 2021. The respondent will be eligible for release to parole on 5 July 2032. This sentence reflects the gravity of the respondent's crimes and aims to provide justice for the victims and deter similar conduct in the future. The court's decision underscores the importance of imposing severe penalties for such heinous offences to protect society and uphold the rule of law.

Orders

Orders of the court

Indicative sentences nominated: Seq 1: possess child abuse material: 2 years and 3 months imprisonment; Seq 44: prepare to engage in sexual intercourse: 18 months imprisonment; Seq 71: produce child pornography: 9 months imprisonment; Seq 51, 53, 58, 63, 72: produce child pornography: 3 years imprisonment; Seq 19, 23, 26, 31, 35, 49, 52, and 57: produce child pornography: 3 years and 9 months imprisonment; Seq 67: produce child pornography: 4 years and 3 months imprisonment; Seq 56, attempt to engage in sexual intercourse: 4 years and 6 months imprisonment; Seq 50 and 61: engage in sexual intercourse: 4 years and 6 months imprisonment; Seq 17, 21, 24, 28, 32 and 47: engage in sexual intercourse: 6 years imprisonment; Seq 65: engage in sexual intercourse: 6 years and 9 months imprisonment. The sentence imposed is one of 16 years imprisonment with a non-parole period of 11 years to date from 6 July 2021. The offender will be eligible for release to parole on 5 July 2032.

Background

Background to the litigation

Full text does not contain this section.

Evidence

Evidence Before The Court

Full text does not contain this section.

Decision

Reasons for decision

Full text does not contain this section.

Ratio Decidendi

Legal Principle Established

Full text does not contain this section.

Medium Neutral Citation:	R v DIXON [2023] NSWDC 109
Hearing dates:	12 April 2023
Decision date:	21 April 2023
Jurisdiction:	Criminal
Before:	NOMAN SC DCJ
Decision:	Indicative sentences nominated: Seq 1: possess child abuse material: 2 years and 3 months imprisonment; Seq 44: prepare to engage in sexual intercourse: 18 months imprisonment; Seq 71: produce child pornography: 9 months imprisonment; Seq 51, 53, 58, 63, 72: produce child pornography: 3 years imprisonment; Seq 19, 23, 26, 31, 35, 49, 52, and 57: produce child pornography: 3 years and 9 months imprisonment; Seq 67: produce child pornography: 4 years and 3 months imprisonment; Seq 56, attempt to engage in sexual intercourse: 4 years and 6 months imprisonment; Seq 50 and 61: engage in sexual intercourse: 4 years and 6 months imprisonment; Seq 17, 21, 24, 28, 32 and 47: engage in sexual intercourse: 6 years imprisonment; Seq 65: engage in sexual intercourse: 6 years and 9 months imprisonment. The sentence imposed is one of 16 years imprisonment with a non-parole period of 11 years to date from 6 July 2021. The offender will be eligible for release to parole on 5 July 2032.
Catchwords:	SENTENCING — Penalties — Imprisonment – commonwealth offences – Possess control child abuse material – engage in sexual intercourse with child outside Australia – Produce child pornography material outside Australia – prepare to engage in sexual intercourse with child outside Australia – Attempt to engage in sexual intercourse with child outside Australia
Legislation Cited:	Criminal Code Act 1995 (Cth)
Category:	Sentence
Parties:	R; Collen Teoxon Dixon
Representation:	Counsel: Crown: D Berents Defence: A Betts Solicitors: Crown: J Inan Defence: R Hill
File Number(s):	2021/193413
Publication restriction:	Statutory non-publication order re names of complainants and anything which may identity them