R v Dorsett - [2024] NSWDC 641

District Court

New South Wales

Medium Neutral Citation: R v Dorsett [2024] NSWDC 641
Hearing dates: 3 September 2024
6 September 2024
Decision date: 16 September 2024
Jurisdiction: Criminal
Before: King SC DCJ
Decision:
Convicted on each offence.
SEQ 001 & SEQ 005: [25% discount for plea.]
Special circumstances found – need for a longer period on supervised parole to obtain psychological and/or psychiatric counselling and/or treatment to cease accessing & possessing such material, to assist with his issues, and support his transition to a law-abiding life in the community.
Indicative sentences:
SEQ 001: 3 years & 6 months
SEQ 005: 3 years & 6 months
Aggregate sentence:
Sentenced to a term of imprisonment of 4 years with a NPP of 2 years to commence on 16 September 2024 and to expire on 15 September 2026, upon which date he will become eligible for parole, and a balance of term of 2 years to commence on 16 September 2026 and to expire on 15 September 2028.
SEQ 004: [25% discount for plea] Sentenced to a term of imprisonment for 6 months commencing on 16 September 2024 and expiring on 15 March 2025.
Sentences to be served concurrently.
Forfeiture order made in respect of the mobile phone.
(1 x RealMe Phone IMEI 868100438354 )

Catchwords:
CRIME – Sentencing - NSW offence - possess bestiality material – where quantity of material in offender’s possession very small, though depraved & highly offensive - lower end of objective seriousness
CRIME - Sentencing – Commonwealth offences - use carriage service to access child abuse material - possess child abuse material obtained using a carriage service – consideration given to degree of overlap in offences charged – where images mostly of prepubescent children - offender’s persistent and consistent denial and minimisation of his engagement with material - claims to possess but not access files depicting prepubescent children, or torture, & to delete them whenever he found them - where quantity of material voluminous (totalling 35,339 media files) & significant, some “in the highest category of depravity” but sample size small (1000 files) to protect investigators - factors relevant to assessing objective seriousness of each offence – where crimes are internet-based international, prevalent & difficult to detect - deterrence – remorse and contrition - subjective matters

Legislation Cited:
Crimes Act 1900 (NSW)
CrimesAct 1914 (Cth)
Criminal Code Act 1995 (Cth)

Cases Cited:
Lazarus v R [2023] NSWCCA 214
R v Hutchinson [2018] NSWCCA152

Category: Sentence
Parties: Rex
Dorsett, Rickie Chase
Representation:
Counsel:
Crown: Mr E McGinness,
Defence: Mr J McKenzie
Solicitors:
Crown: Ms I Brooks, CDPP
Defence: Mr M Dampney, Michael Dampney Law

File Number(s): 2023/00244233

JUDGMENT

HIS HONOUR: Rickie Dorsett appears for sentence in respect of three offences, the first being an offence of use carriage service to access child abuse material contrary to s 474.22(1) of the Criminal Code (Cth).
The second is an offence of possess child abuse material obtained using a carriage service contrary to s 474.22A(1) of the

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 Dorsett

Details

AGLC: R v Dorsett [2024] NSWDC 641
Case: [2024] NSWDC 641
Decision Date: 16 September 2024

CaseChat Overview and Summary

The matter before the court was a sentencing hearing for Dorsett, who had been convicted of possessing and accessing child abuse material, and possessing bestiality material. The court had to determine the appropriate sentences for each offence, taking into account the nature and seriousness of the crimes, the degree of overlap between the offences, and the offender's level of remorse and contrition. The court also had to consider the need for a longer period on supervised parole to enable Dorsett to obtain psychological and/or psychiatric counselling and/or treatment to cease accessing and possessing such material and to support his transition to a law-abiding life in the community.
The court considered several factors in determining the sentences, including the objective seriousness of each offence, the degree of overlap between the offences, and the need for deterrence. The court found that the offences were of significant objective seriousness, given the depraved and highly offensive nature of the material in Dorsett's possession. The court also found that there was a degree of overlap between the offences, as some of the material Dorsett possessed was also accessed using a carriage service. However, the court noted that the offender had entered into a plea agreement, which entitled him to a 25% discount on his sentence for each offence.
In sentencing Dorsett, the court took into account the need to deter the offender and others from engaging in similar conduct, as well as the need to provide the offender with an opportunity to rehabilitate and reintegrate into the community. The court found that Dorsett had shown some remorse and contrition for his actions, but also noted that he had consistently denied and minimised his engagement with the material. The court determined that an aggregate sentence of four years imprisonment, with a non-parole period of two years, was appropriate for the offences. The court also ordered that Dorsett's mobile phone be forfeited.

The court found that Dorsett had a persistent and consistent denial and minimisation of his engagement with the material, claiming to possess but not access files depicting prepubescent children, or torture, and to delete them whenever he found them. The court considered this factor in determining the appropriate sentence for each offence. The court also noted that the quantity of material in Dorsett's possession was voluminous, totalling 35,339 media files, and that some of the material was in the highest category of depravity. However, the court noted that the sample size of the material examined was small (1000 files) to protect the investigators. The court considered these factors in determining the appropriate sentence for each offence.

Orders

Orders of the court

Convicted on each offence.

SEQ 001 & SEQ 005: [25% discount for plea.]

Special circumstances found – need for a longer period on supervised parole to obtain psychological and/or psychiatric counselling and/or treatment to cease accessing & possessing such material, to assist with his issues, and support his transition to a law-abiding life in the community.

Indicative sentences:

SEQ 001: 3 years & 6 months

SEQ 005: 3 years & 6 months

Aggregate sentence:

Sentenced to a term of imprisonment of 4 years with a NPP of 2 years to commence on 16 September 2024 and to expire on 15 September 2026, upon which date he will become eligible for parole, and a balance of term of 2 years to commence on 16 September 2026 and to expire on 15 September 2028.

SEQ 004: [25% discount for plea] Sentenced to a term of imprisonment for 6 months commencing on 16 September 2024 and expiring on 15 March 2025.

Sentences to be served concurrently.

Forfeiture order made in respect of the mobile phone.

(1 x RealMe Phone IMEI 868100438354 )

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

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Ratio Decidendi

Legal Principle Established

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Medium Neutral Citation:	R v Dorsett [2024] NSWDC 641
Hearing dates:	3 September 2024 6 September 2024
Decision date:	16 September 2024
Jurisdiction:	Criminal
Before:	King SC DCJ
Decision:	Convicted on each offence. SEQ 001 & SEQ 005: [25% discount for plea.] Special circumstances found – need for a longer period on supervised parole to obtain psychological and/or psychiatric counselling and/or treatment to cease accessing & possessing such material, to assist with his issues, and support his transition to a law-abiding life in the community. Indicative sentences: SEQ 001: 3 years & 6 months SEQ 005: 3 years & 6 months Aggregate sentence: Sentenced to a term of imprisonment of 4 years with a NPP of 2 years to commence on 16 September 2024 and to expire on 15 September 2026, upon which date he will become eligible for parole, and a balance of term of 2 years to commence on 16 September 2026 and to expire on 15 September 2028. SEQ 004: [25% discount for plea] Sentenced to a term of imprisonment for 6 months commencing on 16 September 2024 and expiring on 15 March 2025. Sentences to be served concurrently. Forfeiture order made in respect of the mobile phone. (1 x RealMe Phone IMEI 868100438354 )
Catchwords:	CRIME – Sentencing - NSW offence - possess bestiality material – where quantity of material in offender’s possession very small, though depraved & highly offensive - lower end of objective seriousness CRIME - Sentencing – Commonwealth offences - use carriage service to access child abuse material - possess child abuse material obtained using a carriage service – consideration given to degree of overlap in offences charged – where images mostly of prepubescent children - offender’s persistent and consistent denial and minimisation of his engagement with material - claims to possess but not access files depicting prepubescent children, or torture, & to delete them whenever he found them - where quantity of material voluminous (totalling 35,339 media files) & significant, some “in the highest category of depravity” but sample size small (1000 files) to protect investigators - factors relevant to assessing objective seriousness of each offence – where crimes are internet-based international, prevalent & difficult to detect - deterrence – remorse and contrition - subjective matters
Legislation Cited:	Crimes Act 1900 (NSW) CrimesAct 1914 (Cth) Criminal Code Act 1995 (Cth)
Cases Cited:	Lazarus v R [2023] NSWCCA 214 R v Hutchinson [2018] NSWCCA152
Category:	Sentence
Parties:	Rex Dorsett, Rickie Chase
Representation:	Counsel: Crown: Mr E McGinness, Defence: Mr J McKenzie Solicitors: Crown: Ms I Brooks, CDPP Defence: Mr M Dampney, Michael Dampney Law
File Number(s):	2023/00244233