R v Filmer

[2024] NSWDC 609

District Court

New South Wales

Medium Neutral Citation:

R v Filmer [2024] NSWDC 609

Hearing dates:

11 October 2024

Date of orders:

31 October 2024

Decision date:

31 October 2024

Jurisdiction:

Criminal

Before:

Scotting DCJ

Decision:

1   Nicholas Peter Filmer is convicted.

2   I impose an aggregate term of imprisonment of 2 years to date from 31 October 2024 and expiring on 30 October 2026.

3 Pursuant to s 20(1)(b) Crimes Act 1914 (Cth), I order that the offender be immediately released on entering into a recognisance in the sum of $1,000 to be of good behaviour for 3 years. The further conditions of the recognisance that will apply for 3 years from today are that:

(a)   the offender accepts the supervision of a Community Corrections Officer;

(b)   the offender obeys all reasonable directions from Community Corrections;

(c)   the offender is not to travel overseas or interstate without the written permission of Community Corrections; and

(d)   the offender to undertake such treatment or rehabilitation program as reasonably directed by Community Corrections.

Catchwords:

CRIME — Child sex offences — Child abuse material — Using carriage service for child pornography material or child abuse material

CRIME — Child sex offences — Using carriage service to groom person <16 years for sexual activity

Legislation Cited:

Crimes Act 1914 (Cth)

Criminal Code 1995 (Cth)

Cases Cited:

Johnson v The Queen (2004) 78 ALJR 616

R v El Karhani (1990) 21 NSWLR 370

R v Olbrich (1999) 199 CLR 270

Category:

Sentence

Parties:

Rex (Crown)
Nicholas Filmer (Offender)

Representation:

Counsel:
D New (Crown)
M Cunneen SC (Offender)

Solicitors:
Commonwealth Director of Public Prosecutions (Crown)
Anderson Boemi Lawyers (Offender)

File Number(s):

2023/180623

Publication restriction:

None

JUDGMENT

1. Nicholas Peter Filmer (the offender) appears for sentence after pleading guilty in the Local Court to the following offences:

Sequence	Offence	Maximum Penalty/ SNPP
3	Use of carriage service to cause child abuse material to be transmitted to self, contrary to s 474.22(1) Criminal Code 1995 (Cth)	15 years imprisonment
4	Use of carriage service to groom person under 16 years contrary to s 474.27(1) Criminal Code 1995 (Cth)	15 years imprisonment
5	Use of carriage service to cause child abuse material to be transmitted to self, contrary to s 474.22(1) Criminal Code 1995 (Cth)	15 years imprisonment
6	Use of carriage service to solicit child abuse material contrary to s 474.22(1) Criminal Code 1995 (Cth)	15 years imprisonment

Approach to Sentencing

2. To the extent that I make findings of fact adverse to the offender, I am satisfied of that fact beyond reasonable doubt. To the extent that I make findings of fact favourable to the offender, I am satisfied of that fact on the balance of probabilities: R v Olbrich (1999) 199 CLR 270 at [27] (Gleeson CJ, Gaudron, Hayne and Callinan JJ).

3. I must have regard to Part IB Crimes Act 1914 (Cth) (the Act) in passing sentence and in particular the matters provided for in section 16A of that Act.

4. A court determining a sentence in respect…