R v Glenn Andrew Luscombe

CITATION:	R v Glenn Andrew LUSCOMBE [2008] NSWDC 393
JUDGMENT DATE:	18 December 2008
JURISDICTION:	District Court of New South Wales
JUDGMENT OF:	Cogswell SC DCJ
DECISION:	For the first offence - fixed term of 6 months imprisonment. For the second offence - non-parole period of 5 months, balance of the term of 7 months.
CATCHWORDS:	CRIMINAL LAW - sentence - possess child pornography - plea of guilty at earliest opportunity - images and videos of child pornography on offender's computer - level 3 to level 7 on the COPINE scale - criteria in R v Gent - offences at lower end of the range of objective seriousness - limited insight - need for general deterrence - special circumstances warranting adjustment of usual ratio between non-parole and parole period
LEGISLATION CITED:	Crimes Act 1900 s 91H(3) Crimes (Sentencing Procedure) Act 1999 s 50
CASES CITED:	R v Gent [2005] NSWCCA 370 R v Saddler [2008] NSWDC 48 R v Stroempl (1995) 105 CCC (3rd ed.) 187
PARTIES:	Regina Glenn Andrew Luscombe
FILE NUMBER(S):	2008/13161
SOLICITORS:	Mr Jilek for the Director of Public Prosecutions Mr Leary for the offender

JUDGMENT

1. Glenn Andrew Luscombe has been described as an immature man who has a sexual preoccupation with underage girls. He has confessed to two offences of possessing child pornography. It is my job now to sentence him for those two offences.

2. Today he pleaded guilty to the two charges. The first is that between 1 January 2006 and 18 August 2006 he had child pornography in his possession. He had 4,800 images and six video clips. The second charge is that between 1 July 2006 and 5 December 2006 he had child pornography in his possession, namely, eight images and five video clips. They are both offences against s 91H(3) of the Crimes Act 1900. The maximum penalty is five years imprisonment.

3. Mr Luscombe pleaded guilty at what Mr Jilek, who appears for the prosecution, agrees was the earliest available opportunity.

4. I need to make some assessment of just how serious this offence was compared to other offences of the same type.

5. Somebody who knew Mr Luscombe came into possession - legally - of Mr Luscombe’s computer. That person discovered child pornography on the computer and handed it over to the police. This was at the end of 2006. Police examined the computer and found further images of child pornography. He was arrested on 10 October 2007 and denied any knowledge. However, a fortnight later he confessed that he had the images on his computer. He was interviewed and made full admissions. He admitted to being sexually attracted to young girls and became addicted to using the internet to download images.

6. The facts of the case which are part of exhibit A record that there were no fewer than 4,800 images and thirteen videos of child pornography. On the COPINE scale the majority of the material was between level 3 and level 7. Level 3 is…