District Court
New South Wales
Medium Neutral Citation: R v Glasheen [2021] NSWDC 544 Hearing dates: 13 July 2021 Decision date: 10 August 2021 Jurisdiction: Criminal Before: Robinson DCJ Decision: Sentenced to a term of imprisonment of 4 years; non-parole period 2 years 8 months imprisonment.
Forfeiture order for laptop used in this offence.
Catchwords: CRIME – sentence – Commonwealth - use carriage service to access child abuse material - registerable person – plea of guilty – remorse – prospects of rehabilitation – mandatory minimum sentencing regime – statutory discounts.
Legislation Cited: Child Protection (Offenders Registration) Act 2000
Crimes Act 1914 (Cth)
Crimes Legislation Amendment (Sexual Crimes Against Children and Community Protection Measures) Act
Criminal Code (Cth)
Migration Act 1958 (Cth)
Cases Cited: Bin Lahaiyu v R [2013] NSWCCA 23
Imbornone v R [2017] NSWCCA 144 at [7]
Little v R [2010] NSWCCA 210 at [31]
Minehan v R [2010] NSWCCA 140 at [94]
Muldrock v R [2011] HCA 39; 244CLR 120
R v Cardwell [2021] QCA 112 at [10]-[12]
R v De Simoni (1981) 1947 CLR 383
R v Gent (2005) 162 A Crim R 29 at [65]
R v Hutchinson [2018] NSWCCA 152 at [49]
R v Pham (2015) 256 CLR 550 at [26]
R v Porte [2015] NSWCCA 174 at [40] and [76].
Vincenzo JonFedele v R [2015] NSWCCA 286
Category: Sentence Parties: Director of Public Prosecutions (Cth) (Crown)
Richard William John Glasheen (Offender)Representation: Counsel:
Solicitors:
Mr D Barents (Crown)
Ms K Averre (Offender)
Ms A Ranson (Crown)
Ms M Connell (Offender)
File Number(s): 2020/00217800 Publication restriction: No
Judgment
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The offender, Richard William John Glasheen, has pleaded guilty to and is to be sentenced for an offence of ‘Using a Carriage Service to Access Child Abuse Material’, contrary to s 474.22(1) of the Criminal Code (Cth).
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The offending occurred between 12 and 19 July 2020 at the offender’s home at Penshurst in Sydney, New South Wales. The offence carries a maximum penalty of 15 years imprisonment. It also attracts the minimum penalty provisions given the offender has a previous conviction for a child sexual abuse offence (s 16AAB of the Crimes Act, 1914 (Cth)). The minimum penalty that must be imposed is a sentence of imprisonment of at least four years.
FACTS
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By reason of prior convictions the offender is a “Registrable Person” as defined by the Child Protection (Offenders Registration) Act 2000, (hereafter the “CP Act”).
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In 2014 the offender was convicted of the following offences:
Indecent Assault on a person under 16 years of age;
Aggravated Film a Person’s Private Parts without consent;
Using a child under…
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- AGLC
- R v Glasheen [2021] NSWDC 544
- Case
- [2021] NSWDC 544
- Decision Date
CaseChat Overview and Summary
Orders
Orders of the court
Sentenced to a term of imprisonment of 4 years; non-parole period 2 years 8 months imprisonment.
Forfeiture order for laptop used in this offence.
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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