R v Martin Stanley Claridge - [2017] NSWDC 407

District Court

New South Wales

Medium Neutral Citation: R v Martin Stanley CLARIDGE [2017] NSWDC 407
Hearing dates: 3 November 2017
Date of orders: 22 November 2017
Decision date: 22 November 2017
Jurisdiction: Criminal
Before: KING SC DCJ
Decision:
Convicted in respect of each offence.
COMMONWEALTH OFFENCES
Use carriage service transmit/publish/promote etc child porn
SEQ 2 (9/2/15-16/3/15): Sentenced to a term of imprisonment for 3 years from 20/8/16 – 19/8/19
SEQ 3 (20/8/15–30//9/15): Sentenced to a term of imprisonment for 2 years from 20/2/16 – 19/2/18
SEQ 4 (2-20/11/15): Sentenced to a term of imprisonment for 1 year from 20/11/15 – 19/11/16
SEQ 5 (16-20/11/15): Sentenced to a term of imprisonment for 2 years from 20/5/16 – 19/5/18
SEQ 6 (19/11/15): Sentenced to a term of imprisonment for 3 years from 20/11/16 – 19/11/19
NPP: 2 ½ years Parole order: to be released to parole on 19/5/18.
STATE OFFENCES
Special circumstances found to restore the statutory relationship between the NPP and parole periods.
Indicative sentences:
SEQ 1 Sexual intercourse with child under the age of 10 years Incitement to commit sexual offence: Imprisonment for 7 years
SEQ 13 Produce child abuse material: Imprisonment for 1 year
SEQ 8 Possess child abuse material: Imprisonment for 4 years
Aggregate sentence:
Convicted.
Sentenced to a term of imprisonment for 8 years comprising of a NPP of 5 years and 6 months to commence on 19/5/17 and to expire on 18/11/22, and a balance of term of 2 years and 6 months to commence on19/11/22 and to expire on 18/5/25.
Eligible for release to parole on 18/11/22.
Forfeiture order made pursuant to s23Z(d) - signed and placed on court file

Catchwords: Criminal – Sentence after judge-alone trial – Commonwealth and State offences – use carriage service transmit/publish/promote etc child porn - Sexual intercourse with child under the age of 10 years Incitement to commit sexual offence - produce child abuse material - possess child abuse material – subjective matters
Legislation Cited: Criminal Code Act 1995
Crimes Act 1914
Crimes Act 1900
Crimes (Sentencing Procedure) Act 1999
Cases Cited: DPP (Cth) v D'Alessandro (2010) VSCA 60;
R v Gent (2005) 162 A Crim R 29
R v Thomson and Houlton (2000) 49 NSWLR 383
Pearce (1998) 194 CLR 610
Category: Sentence
Parties: REGINA
Martin Stanley CLARIDGE
Representation: Counsel:
CROWN: Mr R Kimbell
CLARIDGE: Mr S Fraser

File Number(s): 2015/00342695
Publication restriction: NPO in re name of offender’s granddaughter

Judgment

In this matter, Martin Claridge appears for sentence in respect of eight offences. I will refer to the sequence numbers.
Sequence 1, incite sexual intercourse with a child under the age of 10 years between 2 November 2015 and 20 November 2015, contrary to s 66A(1)/80G of the Crimes Act 1900. The maximum penalty provided is life imprisonment. It is accepted by the parties that, as it is an offence of incitement picked up by s 80G, that the standard non-parole period which would apply if it was an offence simply contrary to s 66A(1)…

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.

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Details

Case: [2017] NSWDC 407
Decision Date: 22 November 2017

CaseChat Overview and Summary

In the case of R v Martin Stanley Claridge, the defendant was convicted of multiple serious criminal offences involving the use of a carriage service to transmit, publish, and promote child pornography, as well as engaging in sexual activities with a child under the age of ten. The case was heard in the court of appeal. The primary legal issues addressed by the court pertained to the appropriate sentencing for these severe crimes, considering both Commonwealth and State offences. The court was tasked with determining the non-parole periods (NPP) and total sentences for each offence, taking into account the nature of the crimes, the defendant's criminal history, and the statutory requirements for concurrent and consecutive sentencing.

The court carefully considered the gravity of the offences, which involved the exploitation and abuse of children, and the need to protect the community and deter such heinous activities. The court applied the principles of sentencing set out in the relevant legislation, giving weight to the cumulative effect of the defendant's actions and the specific details of each offence. It was noted that the defendant had multiple instances of using a carriage service to distribute child abuse material and had engaged in direct sexual abuse of a child. The court also took into account the statutory maximum penalties and the need to ensure that the sentences were commensurate with the severity of the crimes.

After a thorough analysis, the court sentenced the defendant to imprisonment terms for each offence, with specific non-parole periods and total sentences calculated for both Commonwealth and State offences. The sentences were structured to reflect the seriousness of the crimes and to provide adequate deterrence and protection for the community. The court also issued a forfeiture order for the proceeds of the crimes. The final orders included a term of imprisonment for 8 years, with a non-parole period of 5 years and 6 months, and the defendant became eligible for release to parole on a specified date.

Orders

Orders of the court

Convicted in respect of each offence.

COMMONWEALTH OFFENCES

Use carriage service transmit/publish/promote etc child porn

SEQ 2 (9/2/15-16/3/15): Sentenced to a term of imprisonment for 3 years from 20/8/16 – 19/8/19

SEQ 3 (20/8/15–30//9/15): Sentenced to a term of imprisonment for 2 years from 20/2/16 – 19/2/18

SEQ 4 (2-20/11/15): Sentenced to a term of imprisonment for 1 year from 20/11/15 – 19/11/16

SEQ 5 (16-20/11/15): Sentenced to a term of imprisonment for 2 years from 20/5/16 – 19/5/18

SEQ 6 (19/11/15): Sentenced to a term of imprisonment for 3 years from 20/11/16 – 19/11/19

NPP: 2 ½ years Parole order: to be released to parole on 19/5/18.

STATE OFFENCES

Special circumstances found to restore the statutory relationship between the NPP and parole periods.

Indicative sentences:

SEQ 1 Sexual intercourse with child under the age of 10 years Incitement to commit sexual offence: Imprisonment for 7 years

SEQ 13 Produce child abuse material: Imprisonment for 1 year

SEQ 8 Possess child abuse material: Imprisonment for 4 years

Aggregate sentence:

Convicted.

Sentenced to a term of imprisonment for 8 years comprising of a NPP of 5 years and 6 months to commence on 19/5/17 and to expire on 18/11/22, and a balance of term of 2 years and 6 months to commence on19/11/22 and to expire on 18/5/25.

Eligible for release to parole on 18/11/22.

Forfeiture order made pursuant to s23Z(d) - signed and placed on court file

Background

Background to the litigation

Full text does not contain this section.

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 Martin Stanley CLARIDGE [2017] NSWDC 407
Hearing dates:	3 November 2017
Date of orders:	22 November 2017
Decision date:	22 November 2017
Jurisdiction:	Criminal
Before:	KING SC DCJ
Decision:	Convicted in respect of each offence. COMMONWEALTH OFFENCES Use carriage service transmit/publish/promote etc child porn SEQ 2 (9/2/15-16/3/15): Sentenced to a term of imprisonment for 3 years from 20/8/16 – 19/8/19 SEQ 3 (20/8/15–30//9/15): Sentenced to a term of imprisonment for 2 years from 20/2/16 – 19/2/18 SEQ 4 (2-20/11/15): Sentenced to a term of imprisonment for 1 year from 20/11/15 – 19/11/16 SEQ 5 (16-20/11/15): Sentenced to a term of imprisonment for 2 years from 20/5/16 – 19/5/18 SEQ 6 (19/11/15): Sentenced to a term of imprisonment for 3 years from 20/11/16 – 19/11/19 NPP: 2 ½ years Parole order: to be released to parole on 19/5/18. STATE OFFENCES Special circumstances found to restore the statutory relationship between the NPP and parole periods. Indicative sentences: SEQ 1 Sexual intercourse with child under the age of 10 years Incitement to commit sexual offence: Imprisonment for 7 years SEQ 13 Produce child abuse material: Imprisonment for 1 year SEQ 8 Possess child abuse material: Imprisonment for 4 years Aggregate sentence: Convicted. Sentenced to a term of imprisonment for 8 years comprising of a NPP of 5 years and 6 months to commence on 19/5/17 and to expire on 18/11/22, and a balance of term of 2 years and 6 months to commence on19/11/22 and to expire on 18/5/25. Eligible for release to parole on 18/11/22. Forfeiture order made pursuant to s23Z(d) - signed and placed on court file
Catchwords:	Criminal – Sentence after judge-alone trial – Commonwealth and State offences – use carriage service transmit/publish/promote etc child porn - Sexual intercourse with child under the age of 10 years Incitement to commit sexual offence - produce child abuse material - possess child abuse material – subjective matters
Legislation Cited:	Criminal Code Act 1995 Crimes Act 1914 Crimes Act 1900 Crimes (Sentencing Procedure) Act 1999
Cases Cited:	DPP (Cth) v D'Alessandro (2010) VSCA 60; R v Gent (2005) 162 A Crim R 29 R v Thomson and Houlton (2000) 49 NSWLR 383 Pearce (1998) 194 CLR 610
Category:	Sentence
Parties:	REGINA Martin Stanley CLARIDGE
Representation:	Counsel: CROWN: Mr R Kimbell CLARIDGE: Mr S Fraser
File Number(s):	2015/00342695
Publication restriction:	NPO in re name of offender’s granddaughter