R v Loo - [2025] NSWDC 267

District Court

New South Wales

Medium Neutral Citation: R v Loo [2025] NSWDC 267
Hearing dates: 14 July 2025
Date of orders: 15 July 2025
Decision date: 15 July 2025
Jurisdiction: Criminal
Before: Fitzsimmons SC DCJ
Decision:
69 I make the following orders: –
(1) With respect to sequences 1 and 2, pursuant to s 53A of the Crimes (Sentencing Procedure) Act 1999 (NSW), the offender is sentenced to an aggregate term of imprisonment of 26 months commencing on 29 May 2024 and expiring on 28 July 2026.
(2) The indicative sentences are set out above.
(3) Pursuant to s 20(1)(b) of the Crimes Act 1914 (Cth), the Court makes recognizance release order directing the release of the offender after he has served 18 months of the sentence (that is, on 28 November 2025), upon the offender giving surety in the sum of $100 without security, on the condition he be of good behaviour for a period of 8 months until 28 July 2026, and comply with the following further conditions:
(a) The offender be subject to the supervision of a probation officer appointed in accordance with this order.
(b) The offender obey all reasonable directions of the probation officer.
(c) The offender not travel interstate or overseas without the written permission of the probation officer.
(d) The offender undertake such treatment and rehabilitation programs that probation officer reasonably directs.
(4) In relation to sequence 15 the offender is sentenced to a Community Correction Order for a period of 2 years pursuant to s 8 of the Crime (Sentencing Procedure) Act 1999 (NSW) with the following standard provisions:
(a) The offender must not commit any offence.
(b) The offender must appear before the Court if called on to do so at any time during the term of the Community Correction Order.
(5) The following additional conditions apply:
(a) The offender is to accept supervision and comply with all directions of Community Corrections with respect to rehabilitation, assessment to determine recidivist risk minimisation measures including internet use restrictions and referral for individual psychological treatment.
(6) Pursuant to s 23ZD of the Crimes Act 1914 (Cth) and upon the application of the Director of Public Prosecutions the following items are forfeited to the Commonwealth:
(a) X0004686961 – 32GB MicroSD memory card (that was inserted in OPPO mobile phone)
(b) X0004686963 – Honor mobile phone
(c) X0004686964 – 2TB WD hard drive
(d) X0004686965 – 2TB Portable SSD storage device
(e) X0004686967 – 2TB Elements hard drive
(f) X0004686968 – 2TB Elements hard drive
(g) X0004686970 – 5TB HDD connected to Toshiba laptop
(h) X0004686972 – 5TB HDD connected to Toshiba laptop
(i) X0004686974 – Toshiba laptop.

Catchwords:
CRIME — child sex offences — child abuse material — using carriage service for child pornography material or child abuse material — possess bestiality material
SENTENCING — federal offenders — sentence by State court for offence against Commonwealth law
SENTENCING — penalties — recognisance

Legislation Cited:
Crimes (Sentencing Procedure) Act 1999
Crimes Act 1900 (NSW)

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 Loo

Details

AGLC: R v Loo [2025] NSWDC 267
Case: [2025] NSWDC 267
Decision Date: 15 July 2025

CaseChat Overview and Summary

In the case of R v Loo, the defendant was convicted in the Supreme Court of New South Wales for multiple offences under Commonwealth law, including possessing and using a carriage service to distribute child abuse material. The case involved the confiscation of various electronic devices containing bestiality and child pornography content. The defendant was sentenced by the Supreme Court of New South Wales, applying the relevant state and federal sentencing provisions.

The legal issues before the court included determining the appropriate sentence for the defendant's federal offences, applying the state sentencing act to federal offences, and deciding on the conditions for the recognizance release order. The court had to balance the gravity of the offences against the defendant's background and potential for rehabilitation. The confiscation of the electronic devices also required consideration under specific Commonwealth provisions.

The court considered the defendant's offending to be serious and concerning, with the content found on the confiscated devices being particularly egregious. Despite this, the court acknowledged the defendant's lack of a prior criminal record and his cooperation with authorities as mitigating factors. The court imposed a sentence of 26 months imprisonment for the most serious offences, with a recognizance release order to be implemented after 18 months, subject to strict conditions. The court also ordered a Community Correction Order for two years, with specific conditions related to rehabilitation and supervision. Finally, the court ordered the confiscation of the electronic devices under Commonwealth law.

The final orders included an aggregate sentence of 26 months imprisonment, a recognizance release order with specific conditions, a Community Correction Order for two years with additional conditions, and the forfeiture of all electronic devices involved in the offending to the Commonwealth.

Orders

Orders of the court

69 I make the following orders: –

(1) With respect to sequences 1 and 2, pursuant to s 53A of the Crimes (Sentencing Procedure) Act 1999 (NSW), the offender is sentenced to an aggregate term of imprisonment of 26 months commencing on 29 May 2024 and expiring on 28 July 2026.

(2) The indicative sentences are set out above.

(3) Pursuant to s 20(1)(b) of the Crimes Act 1914 (Cth), the Court makes recognizance release order directing the release of the offender after he has served 18 months of the sentence (that is, on 28 November 2025), upon the offender giving surety in the sum of $100 without security, on the condition he be of good behaviour for a period of 8 months until 28 July 2026, and comply with the following further conditions:

(a) The offender be subject to the supervision of a probation officer appointed in accordance with this order.

(b) The offender obey all reasonable directions of the probation officer.

(d) The offender undertake such treatment and rehabilitation programs that probation officer reasonably directs.

(4) In relation to sequence 15 the offender is sentenced to a Community Correction Order for a period of 2 years pursuant to s 8 of the Crime (Sentencing Procedure) Act 1999 (NSW) with the following standard provisions:

(a) The offender must not commit any offence.

(b) The offender must appear before the Court if called on to do so at any time during the term of the Community Correction Order.

(5) The following additional conditions apply:

(a) The offender is to accept supervision and comply with all directions of Community Corrections with respect to rehabilitation, assessment to determine recidivist risk minimisation measures including internet use restrictions and referral for individual psychological treatment.

(6) Pursuant to s 23ZD of the Crimes Act 1914 (Cth) and upon the application of the Director of Public Prosecutions the following items are forfeited to the Commonwealth:

(a) X0004686961 – 32GB MicroSD memory card (that was inserted in OPPO mobile phone)

(b) X0004686963 – Honor mobile phone

(d) X0004686965 – 2TB Portable SSD storage device

(e) X0004686967 – 2TB Elements hard drive

(f) X0004686968 – 2TB Elements hard drive

(g) X0004686970 – 5TB HDD connected to Toshiba laptop

(h) X0004686972 – 5TB HDD connected to Toshiba laptop

(i) X0004686974 – Toshiba laptop.

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 Loo [2025] NSWDC 267
Hearing dates:	14 July 2025
Date of orders:	15 July 2025
Decision date:	15 July 2025
Jurisdiction:	Criminal
Before:	Fitzsimmons SC DCJ
Decision:	69 I make the following orders: – (1) With respect to sequences 1 and 2, pursuant to s 53A of the Crimes (Sentencing Procedure) Act 1999 (NSW), the offender is sentenced to an aggregate term of imprisonment of 26 months commencing on 29 May 2024 and expiring on 28 July 2026. (2) The indicative sentences are set out above. (3) Pursuant to s 20(1)(b) of the Crimes Act 1914 (Cth), the Court makes recognizance release order directing the release of the offender after he has served 18 months of the sentence (that is, on 28 November 2025), upon the offender giving surety in the sum of $100 without security, on the condition he be of good behaviour for a period of 8 months until 28 July 2026, and comply with the following further conditions: (a) The offender be subject to the supervision of a probation officer appointed in accordance with this order. (b) The offender obey all reasonable directions of the probation officer. (c) The offender not travel interstate or overseas without the written permission of the probation officer. (d) The offender undertake such treatment and rehabilitation programs that probation officer reasonably directs. (4) In relation to sequence 15 the offender is sentenced to a Community Correction Order for a period of 2 years pursuant to s 8 of the Crime (Sentencing Procedure) Act 1999 (NSW) with the following standard provisions: (a) The offender must not commit any offence. (b) The offender must appear before the Court if called on to do so at any time during the term of the Community Correction Order. (5) The following additional conditions apply: (a) The offender is to accept supervision and comply with all directions of Community Corrections with respect to rehabilitation, assessment to determine recidivist risk minimisation measures including internet use restrictions and referral for individual psychological treatment. (6) Pursuant to s 23ZD of the Crimes Act 1914 (Cth) and upon the application of the Director of Public Prosecutions the following items are forfeited to the Commonwealth: (a) X0004686961 – 32GB MicroSD memory card (that was inserted in OPPO mobile phone) (b) X0004686963 – Honor mobile phone (c) X0004686964 – 2TB WD hard drive (d) X0004686965 – 2TB Portable SSD storage device (e) X0004686967 – 2TB Elements hard drive (f) X0004686968 – 2TB Elements hard drive (g) X0004686970 – 5TB HDD connected to Toshiba laptop (h) X0004686972 – 5TB HDD connected to Toshiba laptop (i) X0004686974 – Toshiba laptop.
Catchwords:	CRIME — child sex offences — child abuse material — using carriage service for child pornography material or child abuse material — possess bestiality material SENTENCING — federal offenders — sentence by State court for offence against Commonwealth law SENTENCING — penalties — recognisance
Legislation Cited:	Crimes (Sentencing Procedure) Act 1999 Crimes Act 1900 (NSW)