R v Jones

In the case of R v Jones, the applicant, Mr Jones, was convicted on his own plea on one count of the Commonwealth offence of using a carriage service to access child pornography material and two counts of possessing child exploitation material. The applicant was sentenced to 15 months imprisonment for the Commonwealth offence and 12 months imprisonment for each of the State offences, to be served concurrently. The applicant was also released after having served three months on a recognizance of $2,000 for the Commonwealth offence and the sentences for the State offences were suspended after two months with a two year operational period.

The legal issue before the court was whether the sentence imposed by the sentencing judge was manifestly excessive or inadequate. It was submitted that the sentencing judge did not mitigate the sentence to reflect the degree of public shaming the applicant had experienced.

The court found that the sentencing judge had not given sufficient weight to the degree of public shaming the applicant had experienced and that the sentence was manifestly excessive. The court allowed the appeal against sentence and varied the sentences imposed on 8 April 2011. The sentence of 15 months imprisonment for the Commonwealth offence was confirmed and the applicant was ordered to be released forthwith upon giving security by recognizance in the sum of $2,000, conditioned that he be of good behaviour for a period of two years. The sentence of 12 months imprisonment for each of the State offences was also confirmed and suspended forthwith with an operational period of two years during which the applicant must not commit another offence punishable by imprisonment. These sentences are to be served concurrently. The court also directed the applicant’s legal representatives to explain certain matters to him in order to satisfy the requirements of s 16F of the Crimes Act 1914 (Cth).