R v Edwards

Case [2019] QCA 15


SUPREME COURT OF QUEENSLAND

CITATION:

R v Edwards [2019] QCA 15

PARTIES:

R
v

EDWARDS, Gregory Paul
(applicant)

FILE NO/S:

CA No 269 of 2018
DC No 1920 of 2018

DIVISION:

Court of Appeal

PROCEEDING:

Sentence Application

ORIGINATING COURT:

District Court at Brisbane – Date of Sentence: 19 October 2018 (Smith DCJ)

DELIVERED ON:

12 February 2019

DELIVERED AT:

Brisbane

HEARING DATE:

6 November 2018

JUDGES:

Morrison and Philippides JJA and Boddice J

ORDER:

The application is refused.

CATCHWORDS:

APPEAL AGAINST SENTENCE – GROUNDS FOR INTERFERENCE – SENTENCE MANIFESTLY EXCESSIVE – where the applicant pleaded guilty to the offence of using a carriage service to access child pornography material – where he was sentenced to 15 months’ imprisonment, to be released on a $500 recognizance after serving two months, on the condition that he be subject to probation for a period of two years – where defence counsel contended that the imposition of a period of actual custody is manifestly excessive – where the applicant was a serving federal police officer – where the majority of the child pornography material were graphic representations in the form of computer generated figures engaged in sexual activity or stories – where it was submitted the nature of the offending did not attract a period of actual custody – whether the sentence was manifestly excessive

Crimes Act 1914 (Cth), s 17A
Criminal Code (Cth), s 474.19(1)

Assheton v The Queen (2002) 132 A Crim R 237; [2002] WASCA 209, cited
Director of Public Prosecutions (Cth) v D’Alessandro (2010) 26 VR 477; [2010] VSCA 60, cited
Godfrey v The Queen [2013] WASCA 247, cited
McEwen v Simmons (2008) 73 NSWLR 10; [2008] NSWSC 1292, cited
R v Gordon; Ex parte Commonwealth DPP [2011] 1 Qd R 429; [2009] QCA 209, distinguished
R v Pham (2015) 256 CLR 550; [2015] HCA 39, cited
R v Porte (2015) 252 A Crim R 294; [2015] NSWCCA 174, cited
R v Reid[2004] QCA 9, applied

COUNSEL:

D A Holliday, with L M Dollar, for the applicant (pro bono)
B Power for the respondent

SOLICITORS:

Robertson O’Gorman for the applicant
Director of Public Prosecutions (Commonwealth) for the respondent

  1. MORRISON JA: On 19 October 2018 the applicant pleaded guilty to the offence of using a carriage service to access child pornography material contrary to s 474.19(1) of the Criminal Code (Cth). He was sentenced that day to 15 months’ imprisonment, to be released on a $500 recognizance after serving two months, on the condition that he be subject to probation for a period of two years.

  2. Leave to appeal against the sentence is sought but only in respect of the imposition of the period of actual imprisonment.

  3. The essential contention advanced is that the imposition of a period of actual custody makes the sentence manifestly excessive.

    Circumstances of the offence

  4. The particular circumstances of the offence were reduced to an agreed statement of facts, tendered to the…

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Details
AGLC
R v Edwards [2019] QCA 15
Case
[2019] QCA 15
Decision Date

CaseChat Overview and Summary

The applicant, Edwards, appealed against his sentence for using a carriage service to access child pornography material. He was sentenced to 15 months’ imprisonment, with a release on a $500 recognizance after serving two months, and a two-year probation period. The defence counsel argued that the imposition of a period of actual custody was manifestly excessive, given that Edwards was a serving federal police officer and the majority of the child pornography material involved computer-generated figures engaged in sexual activity or stories.

The court had to determine whether the sentence was manifestly excessive, considering the nature of the offence and the personal circumstances of the offender. The court reviewed the sentencing principles relevant to child pornography offences and considered the need for general and specific deterrence. The court also examined whether the sentence was disproportionate to the gravity of the offence and the offender’s personal circumstances.

The court found that while the offence was serious, the sentence was not manifestly excessive. The court considered the need for specific deterrence, given Edwards’ position as a federal police officer, and the potential for the sentence to serve as a warning to others in similar positions. The court concluded that the sentence, while severe, was appropriate in light of the seriousness of the offence and the need to uphold the integrity of the law enforcement profession. The application for appeal was refused.

Orders

Orders of the court

The application is refused.

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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