R v G.P - [2010] NSWDC 300

CITATION: R v G.P. [2010] NSWDC 300

JUDGMENT DATE:
12 November 2010

JURISDICTION: Criminal

JUDGMENT OF: Nicholson SC DCJ

DECISION: 1. Possess child pornography (2007/17017):
Convicted, Sentenced to fixed term of 7 months and 15 days;.
2. Commit an act of indecency on person under the age of 16 years outside Australia (2009/97647):
Convicted. Sentenced to 15 months imprisonment to date from the 12th March 2011 and expiring on the 11th June 2012.
The offender to be released on 11th February 2012 on a recognizance release order, himself in the sum of $10.00.
3. Attempt to commit an offence of indecency on person under the age of 16 years outside Australia (2009/172517)
Convicted.
Sentenced to 15 months imprisonment to date from the 12th March 2011 and expiring on the 11th June 2012.
The offender to be released on 11th February 2012 on a recognizance release order, himself in the sum of $10.00.
4. Attempt to commit an offence of indecency on person under the age of 16 years outside Australia (2009/106899):
Convicted.
Sentenced to 15 months imprisonment to date from the 12th July 2011 and expiring on the 11th October 2012.
The offender to be released on 11th February 2012 on a recognizance release order, himself in the sum of $10.00.
5. Attempt to commit an offence of indecency on person under the age of 16 years outside Australia (2009/111168):
Convicted.
Sentenced to 15 months imprisonment to date from the 12th July 2011 and expiring on the 11th October 2012.
The offender to be released on 11th February 2012 on a recognizance release order, himself in the sum of $10.00.
6. Attempt to commit an offence of indecency on person under the age of 16 years outside Australia (2009/172518):
Convicted.
Sentenced to 15 months imprisonment to date from the 12th November 2011 and expiring on the 11th February 2013.
The offender to be released on 11th February 2012 on a recognizance release order, himself in the sum of $10.00.

CATCHWORDS: Criminal Law - Sentencie after trial - acts of indecency upon 3 teenage Nepales boys whilst in Nepal - Cwth charge - competent commercial photographer - photographing of indecent poses by boys - suse of pornograph DVD - use of other indecent photographs earlier taken of other Nepalese boys - indecent advances by offenders upon boys whilst in company of each other - touching, hug, massage, grooming trhough indecent photographing - complainants gentle resistance initially - Sentence after plea - possess child pornography - agreed facts - importance of prosecutors preparing the agreed facts in sexual indecency matters - cataloguing of indecent material - items found in storage are of house - poor quality images - susbjective matters - prior good character - many charitable acts - middle class family - travel journalist - lack of frank history to psychiatist and counsellor - absence of contritiion - absence of insight.

LEGISLATION CITED: s. 6A Crimes Act 1914 (Cth)
s. 91H (3) Crimes Act 1900

CASES CITED: R v Pearce (1998)…

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 G.P

Details

AGLC: R v G.P [2010] NSWDC 300
Case: [2010] NSWDC 300
Decision Date: 12 November 2010

CaseChat Overview and Summary

The case before the court involved an individual, G.P, who was charged with multiple counts of engaging in indecent acts with Nepalese boys, possession of child pornography, and other related offences committed while in Nepal. The charges stemmed from G.P's actions as a commercial photographer, where he photographed the boys in indecent poses, used pornographic DVDs, and engaged in other inappropriate activities while in their company. The case was heard in an Australian court due to the Commonwealth jurisdiction over such offences.

The legal issues before the court included whether the charges against G.P were substantiated by the evidence presented, the relevance and admissibility of the pornographic material found in his possession, and the appropriate sentence to be imposed considering the nature of the crimes and the offender's background. The court had to consider the agreed facts, the quality of the indecent material, and the subjective nature of the offences. Additionally, the court examined G.P's prior good character, charitable contributions, and lack of remorse as mitigating factors.

The court found G.P guilty on all counts, noting the gravity of the offences and the vulnerable position of the victims. The court emphasised the importance of prosecutors preparing agreed facts in sexual indecency matters to ensure a fair trial. In sentencing, the court considered the poor quality of the images and the subjective nature of the offences, but ultimately focused on the offender's actions and the need for deterrence and denunciation. G.P was sentenced to various terms of imprisonment with recognizance release orders set for mid-February 2012.

The final orders included G.P being convicted and sentenced to imprisonment for possession of child pornography and multiple counts of indecent acts and attempts to commit such acts on persons under the age of 16 years outside Australia. The sentences were set to commence on different dates and were to expire at various times between mid-2012 and early 2013, with G.P being released on recognizance on 11th February 2012, subject to a bond of $10.00.

Orders

Orders of the court

1. Possess child pornography (2007/17017):

Convicted, Sentenced to fixed term of 7 months and 15 days;.

2. Commit an act of indecency on person under the age of 16 years outside Australia (2009/97647):

Convicted. Sentenced to 15 months imprisonment to date from the 12th March 2011 and expiring on the 11th June 2012.