District Court
New South Wales
Medium Neutral Citation: R v Loyson [2020] NSWDC 864 Hearing dates: 15 October 20201 Date of orders: 15 October 2020 Decision date: 15 October 2020 Jurisdiction: Criminal Before: ML Williams SC DCJ Decision: An aggregate term of imprisonment of 4 years, with a non-parole period of 2 years, 6 months: at [35].
Catchwords: CRIME — Child sex offences — Child abuse material — Using carriage service for child pornography material or child abuse material
CRIME — Money laundering — Dealing with money suspected of being proceeds of crime
SENTENCING — Federal offenders — Relevant considerations — Rehabilitation — Remorse
SENTENCING — Aggravating factors — Financial gain
SENTENCING — Mitigating factors — Plea of guilty
SENTENCING — Penalties — Imprisonment
SENTENCING — Relevant factors on sentence — Character of offence — Establishing relevant matters — General principles — Multiple offences— Objective seriousness
SENTENCING — Sentencing procedure — Agreed facts
SENTENCING — Subjective considerations on sentence — Protective custody — Hardship
Legislation Cited: Crimes Act 1914 (Cth)
Criminal Code (Cth)
Cases Cited: Attorney General’s Application under s 37 of the Crimes (Sentencing Procedure) Act 1999 No 1 of 2002 (2002) 56 NSWLR 146
Burbidge v R [2016] NSWCCA 128
Fitzgerald v R [2015] NSWCCA 266
Imbornone v R [2017] NSWCCA 14
R v Dennison [2011] NSWCCA 114
Texts Cited: Nil
Category: Sentence Parties: Regina (Crown)
Bryan Loyson (Offender)Representation: Ms E Hirst (Solicitor for the Commonwealth Director of Public Prosecutions)
Mr R El-Choufani (Counsel for the Offender)
File Number(s): 2019/109968 Publication restriction: Nil
Judgment
-
Bryan Loyson, now aged 26, and is a Belgian native, who arrived in Australia on 11 November 2018. He appears for sentence having pleaded guilty to a number of charges involving child pornography material. The evidence in the case comprises agreed facts and associated documents in the Crown case, a report of the psychologist Mr Jason Borkowski, extracts from the offender’s Corrective Services Records and a letter from his mother who is participating in the sentence proceedings via video link from Belgium.
-
I have been greatly assisted by the very comprehensive written submissions from the Crown Prosecutor and from Mr El-Choufani, who appears for the offender. There is not a great deal in issue. In the light of those submissions it is necessary for me to cover in some detail the circumstances of the offending and the subjective circumstances to justify the sentence of imprisonment which will be imposed.
-
It is conceded that a term of full-time custody is required and that that term should commence on 8 April 2019 when he was taken into custody. It is also conceded that a 25% discount for the utilitarian value for the pleas of guilty should be allowed in the light of sentencing practices in Commonwealth matters since the…
Continue reading R v Loyson
Sign in free to access the full text
- AGLC
- R v Loyson [2020] NSWDC 864
- Case
- [2020] NSWDC 864
- Decision Date
CaseChat Overview and Summary
The court considered various legal principles and factors in arriving at the sentence. It evaluated the nature and extent of Loyson's criminal activities, including the use of a digital platform for distributing child pornography and the handling of suspected criminal proceeds. The court also weighed the objective seriousness of the offences, taking into account the harm caused and the public interest in deterrence. Additionally, the court examined mitigating factors such as Loyson's plea of guilty and expressions of remorse, as well as aggravating factors like the financial gain derived from the offences. The court ultimately decided on a sentence that balanced these considerations, resulting in an aggregate term of imprisonment.
Loyson was sentenced to an aggregate term of imprisonment of four years, with a non-parole period of two years and six months. This decision reflected the court's assessment of the objective seriousness of the offences, the mitigating and aggravating factors, and the principles of sentencing for federal offenders. The court's reasoning demonstrated a careful consideration of the relevant legal issues and the specific circumstances of the case.
Orders
Orders of the court
An aggregate term of imprisonment of 4 years, with a non-parole period of 2 years, 6 months: at [35].
Background
Background to the litigation
Full text does not contain this section.
Evidence
Evidence Before The Court
Full text does not contain this section.
Decision
Reasons for decision
Full text does not contain this section.
Ratio Decidendi
Legal Principle Established
Full text does not contain this section.