R v Mannah

[2023] NSWDC 96

District Court

New South Wales

• Amendment notes

Medium Neutral Citation:

R v Mannah [2023] NSWDC 96

Hearing dates:

21/9/22-30/9/22, 29/11/22, 20/1/23

Date of orders:

20/1/23

Decision date:

20 January 2023

Jurisdiction:

Criminal

Before:

Bourke SC DCJ

Decision:

I sentence the offender to a period of 12 months imprisonment, but order, pursuant to s. 20(1)(b) that he be released, after serving a period of 4 months, on a Recognisance Release Order for a period of 2 years upon giving security in the amount of $100. The sentence will commence on 19/1/23. The period of 4 months will expire on 18/5/23.

The Recognisance Release Order will be subject to the following conditions:

1. Be of good behaviour.

2. Be subject to the supervision of a probation officer.

3. Comply with any referral by the probation officer to a Corrective Services NSW Forensic Psychologist for a Sex Offender Supervision Assessment.

4. Undertake such treatment or rehabilitation programs as the probation officer reasonably directs.

5. Obey all other reasonable directions of the probation officer.
6. Not travel interstate or overseas without the written permission of the probation officer.

Catchwords:

Crime – Sentence – Commonwealth offences – Use carriage service to access child abuse material

Legislation Cited:

Commonwealth Criminal Code

Crimes Act 1914 (Cth)

Cases Cited:

Hili and Jones v R [2010] 242 CLR 520

R v Clarkson [2011] 32 VR 361

R v Hutchinson [2018] NSWCCA 152

R v Porte [2015] NSWCCA 174

R v Skinner [2016] 126 SASR 120

Totaan v R [2022] NSWCCA 75

Western Australia v Collier (2007) 179 A Crim R 310

Category:

Sentence

Parties:

Commonwealth DPP – Crown
Michael Anthony Mannah - Offender

Representation:

Mr L Fernandez and Ms C Akthar for Crown
Mr M Johnston for Offender

File Number(s):

21/20081

remarks on sentence

1. The offender, Mr Michael Mannah, stood trial before a jury in September 2022 on an indictment containing two counts under the Commonwealth Criminal Code. On 30 September 2022 the jury found him not guilty of count 2, but guilty of count 1. Count 1 is an offence under s 474.22(1) Commonwealth Criminal Code, which carries a maximum penalty of 15 years’ imprisonment and is, essentially, that the offender used a carriage service to access child abuse material. The maximum penalty is of course an important guidepost in the sentencing exercise to which I have had regard.

2. It is for me to determine the facts on which the offender is to be sentenced, however, my findings must be consistent with the jury’s verdict. Also, any matters in aggravation must be established beyond reasonable doubt, while matters in mitigation need only be established on the balance of probabilities. I find the following facts:

FACTS

3. At the time of the offence, the offender was employed as a police officer and held the position of sergeant in the transit police during the period 7 August 2020 to 22 January 2021, which covers the dates of the offence. The offender elected to undertake duties related to the COVID-19…