District Court
New South Wales
- Amendment notes
Medium Neutral Citation: R v Huynh [2025] NSWDC 283 Hearing dates: 18 July 2025 Date of orders: 01 August 2025 Decision date: 01 August 2025 Jurisdiction: Criminal Before: Newlinds SC DCJ Decision: (1) After deduction of 25% for the early guilty pleas, I sentence the Offender to an aggregate term for Sequences 2, and 3 of three (3) years imprisonment to commence on 24 July 2025 and expire 23 July 2028.
(2) After serving twelve (12) months in custody, on 23 July 2026, pursuant to s 20(1)(b) of the Crimes Act 1914 (Cth), the Offender is to be released on a Recognizance Release Order, himself in the sum of $100, for a period of sixteen (16) months, to expire on 22 November 2027, on conditions.
(3) For Sequence 9, pursuant to s 10A of the Crimes (Sentencing Procedure) Act 1999 (NSW), convict the Offender without imposing any other penalty.
Catchwords: CRIME — Sentence – Child sex offences — Child abuse material — Using carriage service to solicit, access, and transmit child abuse material
CRIME – Sentence – Bestiality material – Possession or dissemination of bestiality material an offence under s 547E of Crimes Act 1900 (NSW)
Legislation Cited: Crimes Act 1900 (NSW) s 547E(2)
Criminal Code (Cth) s 474.22(1), s 474.22A(1)
Crimes Act 1914 (Cth) s 16A, s 20(1)(b)
Crimes (Sentencing and Procedure) Act 1999 (NSW) s 3A, s 5, s 21A
Cases Cited: CDPP v CCQ [2021] QCA
Chesworth v R [2023] NSWCCA 115
Pearce v The Queen (1998) 194 CLR 610
R v De Leeuw [2015] NSWCCA 183
Category: Sentence Parties: Rex (Crown)
Cam Vinh Huynh (Offender)Representation: Counsel:
Solicitors:
Mr Bargwanna (Crown)
Mr Morrisey (Offender)
CDPP (Crown)
Guirguis Legal (Offender)
File Number(s): 2024/518 Publication restriction: Nil
JUDGMENT
Introduction
The facts
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Between 10 March 2023 and 1 January 2024, Cam Vinh Huynh (“the Offender”) intentionally transmitted and accessed child abuse material in chats with nine other users on two social media messaging applications, "Zalo" and "Facebook messenger".
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On 1 January 2024, the Offender arrived at Sydney International Airport from Vietnam. He self-declared that he had child abuse material on his phone and was subjected to a search by Australian Border Force, where such material was identified.
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The Offender's mobile device also contained 33 images and videos constituting bestiality material.
The charges
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As a consequence, the Offender has pleaded guilty to and stands to be sentenced for the following offences.
Offence
Description
Maximum Penalty
Section 474.22(1) Criminal Code (Cth)
(Sequence 3)
Between about 10 March 2023 and about 1 January 2024 at Moorebank in the State of New South Wales or elsewhere, Cam Vinh…
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- AGLC
- R v Huynh [2025] NSWDC 283
- Case
- [2025] NSWDC 283
- Decision Date
CaseChat Overview and Summary
The court was required to decide on the appropriate sentence for the appellant, considering the nature and severity of the offences, the potential deterrent effect of the sentence, and the need for rehabilitation. The court also had to determine whether the early guilty pleas warranted a discount in the sentence and how best to apply the legislative provisions governing recognizance release orders and the treatment of concurrent sentences.
In delivering the judgment, the court noted the severity of the crimes committed by the appellant, but also took into account his early guilty pleas, which warranted a 25% discount on the sentence. The court decided to impose an aggregate term of three years imprisonment, to be served from 24 July 2025 to 23 July 2028. The court further ordered that after serving twelve months in custody, the appellant be released on a recognizance release order, with conditions, for a period of sixteen months. Finally, the court convicted the appellant of possessing bestiality material without imposing any additional penalty.
Orders
Orders of the court
(1) After deduction of 25% for the early guilty pleas, I sentence the Offender to an aggregate term for Sequences 2, and 3 of three (3) years imprisonment to commence on 24 July 2025 and expire 23 July 2028.
(2) After serving twelve (12) months in custody, on 23 July 2026, pursuant to s 20(1)(b) of the Crimes Act 1914 (Cth), the Offender is to be released on a Recognizance Release Order, himself in the sum of $100, for a period of sixteen (16) months, to expire on 22 November 2027, on conditions.
(3) For Sequence 9, pursuant to s 10A of the Crimes (Sentencing Procedure) Act 1999 (NSW), convict the Offender without imposing any other penalty.
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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