R v Knott - [2019] NSWDC 839

District Court

New South Wales

Medium Neutral Citation: R v Knott [2019] NSWDC 839
Hearing dates: 14 October 2019
Decision date: 24 October 2019
Jurisdiction: Criminal
Before: King SC DCJ
Decision:
Convicted.
Indicative sentences of imprisonment:
SEQ 3: 2 years + 10 months - NPP 2 years + 1 month
SEQ 5: 3 years - NPP 2 years + 3 months
SEQ 18: 6 years - NPP 4 years + 6 months
SEQ 19: 6 years - NPP 4 years + 6 months
SEQ 20: 6 years - NPP 4 years + 6 months
Aggregate sentence:
Sentenced to a term of imprisonment of 8 years comprising a NPP of 6 years to commence on 20 October 2018 and to expire on 19 October 2024 and a balance of term of 2 years commencing on 20 October 2024 and expiring on 19 October 2026.

Catchwords: CRIMINAL - Sentence - groom child under 14 years for unlawful sexual activity - use child under 14 years to make child abuse material – 3 offences of having sexual intercourse with a person above the age of ten and under the age of 14 years – significant overlap between offences – degree of accumulation – role of internet and mobile phone in creating and transmitting child abuse material – deterrence – subjective matters
Legislation Cited: Crimes Act 1900
Crimes (Sentencing Procedure) Act 1999
Cases Cited: Callaghan v The Queen [2006] NSWCCA 58
Clarkson v The Queen; EJA v The Queen [2011] 32 VR 361
Minehan v The Queen (2010) 201 A Crim R 243
R v Fernando [2002] NSWCCA 28
R v Huynh [2003] NSWCCA 239
R v McVittie [2002] NSWCCA 344
R v Moffitt (1990) 20 NSWLR 114
R v Nelson [2016] NSWCCA 130
R v Thomson; R v Houlton (2000) NSWLR 383
Category: Sentence
Parties: Regina
Knott, Alan
Representation: Solicitors:
Crown: Ms R O’Meagher,
Mr J Lee
Offender: Mr R Harrison

File Number(s): 2018/00275647
Publication restriction: Non Publication Order in respect of the complainant and anything that could tend to identify her

Judgment

Alan Knott appears for sentence in respect of five offences.
The first is groom child under 14 years for unlawful sexual activity, contrary to s 66EB(3) of the Crimes Act 1900. The maximum penalty provided is imprisonment for 12 years, and there is a standard non‑parole period of five years.
The second offence is use child under 14 years to make child abuse material, contrary to s 91G(1)(a) of the Crimes Act. The maximum penalty is 14 years’ imprisonment and there is a standard non‑parole period of six years.
The further three offences are each offences of having sexual intercourse with a person above the age of ten and under the age of 14 years, each is contrary to s 66C(1) of the Crimes Act, and the maximum penalty is 16 years’ imprisonment. There is a standard non‑parole period in each case of seven years.
The offender was committed for sentence on 25 June 2019 from the…

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 Knott

Details

AGLC: R v Knott [2019] NSWDC 839
Case: [2019] NSWDC 839
Decision Date: 24 October 2019

CaseChat Overview and Summary

In the case of R v Knott, the accused was convicted of multiple offences involving a child under the age of 14. The court heard that the defendant had engaged in unlawful sexual activity with the child and also used the child to produce material of a sexual nature. The case was heard in a relevant court in Australia. The key legal issues before the court included determining the appropriate degree of accumulation for the overlapping offences, assessing the role of internet and mobile phone technologies in the commission of the offences, and considering the principles of deterrence and the subjective matters involved in sentencing.

The court considered the significant overlap between the offences, particularly noting the role of internet and mobile phone technologies in creating and transmitting child abuse material. It was noted that the overlap between the offences required careful consideration to avoid unjust enrichment in sentencing. The court emphasised the importance of deterrence in cases involving child abuse material and the need to consider the subjective matters involved in the case. The court also took into account the impact of the offences on the victim and the community.

After considering the evidence and arguments presented, the court sentenced the accused to a term of imprisonment of 8 years, comprising a non-parole period of 6 years to commence on 20 October 2018 and to expire on 19 October 2024 and a balance of term of 2 years commencing on 20 October 2024 and expiring on 19 October 2026. The court found the sentence to be appropriate given the nature and circumstances of the offences committed.

Orders

Orders of the court

Convicted.

Indicative sentences of imprisonment:

SEQ 3: 2 years + 10 months - NPP 2 years + 1 month

SEQ 5: 3 years - NPP 2 years + 3 months

SEQ 18: 6 years - NPP 4 years + 6 months

SEQ 19: 6 years - NPP 4 years + 6 months

SEQ 20: 6 years - NPP 4 years + 6 months

Aggregate sentence:

Sentenced to a term of imprisonment of 8 years comprising a NPP of 6 years to commence on 20 October 2018 and to expire on 19 October 2024 and a balance of term of 2 years commencing on 20 October 2024 and expiring on 19 October 2026.

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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Medium Neutral Citation:	R v Knott [2019] NSWDC 839
Hearing dates:	14 October 2019
Decision date:	24 October 2019
Jurisdiction:	Criminal
Before:	King SC DCJ
Decision:	Convicted. Indicative sentences of imprisonment: SEQ 3: 2 years + 10 months - NPP 2 years + 1 month SEQ 5: 3 years - NPP 2 years + 3 months SEQ 18: 6 years - NPP 4 years + 6 months SEQ 19: 6 years - NPP 4 years + 6 months SEQ 20: 6 years - NPP 4 years + 6 months Aggregate sentence: Sentenced to a term of imprisonment of 8 years comprising a NPP of 6 years to commence on 20 October 2018 and to expire on 19 October 2024 and a balance of term of 2 years commencing on 20 October 2024 and expiring on 19 October 2026.
Catchwords:	CRIMINAL - Sentence - groom child under 14 years for unlawful sexual activity - use child under 14 years to make child abuse material – 3 offences of having sexual intercourse with a person above the age of ten and under the age of 14 years – significant overlap between offences – degree of accumulation – role of internet and mobile phone in creating and transmitting child abuse material – deterrence – subjective matters
Legislation Cited:	Crimes Act 1900 Crimes (Sentencing Procedure) Act 1999
Cases Cited:	Callaghan v The Queen [2006] NSWCCA 58 Clarkson v The Queen; EJA v The Queen [2011] 32 VR 361 Minehan v The Queen (2010) 201 A Crim R 243 R v Fernando [2002] NSWCCA 28 R v Huynh [2003] NSWCCA 239 R v McVittie [2002] NSWCCA 344 R v Moffitt (1990) 20 NSWLR 114 R v Nelson [2016] NSWCCA 130 R v Thomson; R v Houlton (2000) NSWLR 383
Category:	Sentence
Parties:	Regina Knott, Alan
Representation:	Solicitors: Crown: Ms R O’Meagher, Mr J Lee Offender: Mr R Harrison
File Number(s):	2018/00275647
Publication restriction:	Non Publication Order in respect of the complainant and anything that could tend to identify her