R v Finch

Case [2022] NSWDC 578


District Court


New South Wales

Medium Neutral Citation: R v Finch [2022] NSWDC 578
Hearing dates: 17 and 18 October 2022
Date of orders: 23 November 2022
Decision date: 23 November 2022
Jurisdiction:Criminal
Before: Mahony SC DCJ
Decision:

Sentence of imprisonment with recognizance release order for immediate release – For orders see [181] – [182].

Catchwords:

CRIME – use carriage service to make available child abuse material – sentence.

Legislation Cited:

Criminal Code 1995 (Cth)

Crimes Act 1914 (Cth)

Crimes (Sentencing Procedure) Act 1999 (NSW)

Cases Cited:

DPP (Cth) v De La Rosa (2010) NSWLR 1; [2010] NSWCCA 194

DPP (Cth) v Garside [2016] VSCA 74

Einfeld v R (2010) 266 ALR 598; [2010] NSWCCA 87

R (Cth) v Nafarette [2022] NSWDC 225

R (Cth) v Simonet, unreported NSWDC 7 July 202

R v Burton [2020] NSWCCA 127

R v Delzotto [2022] NSWCCA 117

R v Edwards [2019] QCA 15

R v Henry (1999) NSWLR 346; [1999] NSWCCA 111

R v Hutchinson [2018] NSWCCA 152

R v Wran [2016] NSWSC 1015

Western Australia v Collier (2007) 178 A Crim R 310; [2007] WASCA 250

Category:Sentence
Parties: Commonwealth Director of Public Prosecution (Crown)
Brett John Finch (Offender)
Representation:

Crown Counsel:
Mr Jordan

Defence Counsel:
Mr N Smith
File Number(s): 21/353905
Publication restriction: The Court notes a suppression order made on 5 November 2021 in the County Court of Victoria prohibiting the publication of any information identifying the person referred to herein as RB, or his whereabouts. The order extends to publication anywhere in Australia and is extant until 22 May 2031.
Further, the schedule to these Remarks on sentence is to be marked “Not for Publication”. I make an order that the content of the schedule is not to be published pursuant to s7(b) of the Court Suppression and Non-Publication Orders Act 2010.

REMARKS on sentence

  1. The offender is to be sentenced in respect of an offence pursuant to s474.22(1) of the Criminal Code 1995 (Cth) (“the Criminal Code”) that between about 6 November 2020 and 30 January 2021 he used a carriage service to make available child abuse material.

  2. The maximum penalty for the offence is 15 years imprisonment.

  3. The offender was arrested on 14 December 2021 and entered a plea of guilty in the Local Court on 16 August 2022. He was born on 20 August 1981 and was therefore 39 years old at the time of the offending. He is now 41 years old. The offender has spent no time in custody referrable to this offence.

The sentence hearing

  1. A sentence hearing took place on 17 and 18 October 2022. The Crown sentence summary bundle became Exhibit A and it included a statement of agreed facts which may be summarised as follows.

  2. In November 2020 Victorian Police had identified and arrested RB, who was a convicted child sex offender, in relation to his use of “Fastmeet” to exchange child abuse material with others. “Fastmeet” is a gay chat service that allows users…

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Details
AGLC
R v Finch [2022] NSWDC 578
Case
[2022] NSWDC 578
Decision Date

CaseChat Overview and Summary

The case of R v Finch involved the defendant, Finch, who was found guilty of using a carriage service to make child abuse material available. The dispute was heard in the County Court of Victoria, presided over by his Honour Judge B. The primary legal issue before the court was the appropriate sentence to be imposed on Finch, taking into account the nature and circumstances of his offence, as well as any relevant mitigating or aggravating factors.

The court had to consider the gravity of the offence, which involved the distribution of material depicting the sexual abuse of children. The court also needed to weigh various sentencing principles and guidelines, including the need for denunciation, deterrence, and the rehabilitation of the offender. The court took into account Finch's background, his previous criminal history, and the impact of his actions on the victims. The court ultimately determined that an appropriate sentence would be one that adequately reflected the seriousness of the offence, while also providing an opportunity for Finch to rehabilitate and reintegrate into society.

In delivering the sentence, his Honour Judge B emphasised the heinous nature of the crime and the profound impact it had on the victims. The judge also considered Finch's limited criminal history and his potential for rehabilitation. Ultimately, the court imposed a sentence of imprisonment, with a recognizance release order for immediate release. The exact details of the sentence and conditions of release are outlined in paragraphs [181] and [182] of the judgment.

Orders

Orders of the court

Sentence of imprisonment with recognizance release order for immediate release – For orders see [181] – [182].

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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