R v Meza Isla - [2024] NSWDC 526

District Court

New South Wales

Amendment notes

Medium Neutral Citation: R v Meza Isla [2024] NSWDC 526
Hearing dates: 28 October 2024
Date of orders: 8 November 2024
Decision date: 08 November 2024
Jurisdiction: Criminal
Before: Newlinds SC DCJ
Decision:
(1)   For the State offences, Seq 2 and 8, impose an aggregate sentence of imprisonment of a fixed-term of 1 year 6 months commencing 4/8/2023. This term has been reduced by a discount of 25 per cent for the plea of guilty.
(2)   For the Commonwealth offence, Seq 1, indicate a sentence of imprisonment consisting of a non-parole period of 2 years 3 months commencing from 4/8/2024 and a head sentence of 3 years. This term has been reduced by a discount of 25 per cent for the plea of guilty.
(3)   For the Commonwealth offence, Seq 27, taking into account the s 16BA matter attached, indicate a sentence of imprisonment consisting of a non-parole period of 1 year 8 months commencing from 4/5/2026 and a head sentence of 2 years 3 months. This term has been reduced by a discount of 25 per cent for the plea of guilty.
(4)   An aggregate sentence for the Commonwealth offences, sequences 1 and 27, also taking into account the s 16BA matters, of a term of 3 years and 6 months, commencing 4 Feb 2025 and expiring 3 Aug 2028. There will be a non-parole period of 2 years and 3 months to commence 4 February 2025 and expire 3 May 2027.
(5)   The overall effective sentence is a head sentence of 5 years commencing 4 August 2023, and a non-parole period of 3 years and 9 months commencing 4 August 2023. The Offender will become eligible to be released on parole on 3 May 2027.

Catchwords:
CRIME — Child sex offences — Child abuse material — Using carriage service for child pornography material or child abuse material – Production/Dissemination/Possession
CRIME – Bestiality material – Possession or dissemination of bestiality material an offence under s 547E of Crimes Act 1900 (NSW)

Legislation Cited:
Crimes Act 1914 (Cth) s 16A; s 16BA; s 17A; s 19: s 20(1)(b)(ii); s 23ZD
Crimes (Sentencing and Procedure) Act 1999 (NSW) s 3A; s 5; s 21A
The Criminal Code (Cth) s 474.22; s 474.23
Crimes Act 1900 (NSW) s 79; s 547E

Cases Cited:
Chesworth v R [2023] NSWCCA 115
Pearce v The Queen (1998) 194 CLR 610
Director of Public Prosecutions (Cth) v Garside [2016] VSCA 74

Category: Sentence
Parties: Commonwealth Director of Public Prosecutions (Crown)
Gustavo Adolfo Meza Isla (Offender)
Representation:
Counsel:
V Barros Goncalves (Crown)
S Schaudin (Offender)
Solicitors:
CDPP (Crown)
George Sten and Co (Offender)

File Number(s): 2023/186057
Publication restriction: Nil

JUDGMENT

Introduction

Background

Gustavo Adolfo Meza Isla (“the Offender”) has pleaded guilty to, and is to be sentenced for, the following offences, involving the possession and dissemination of child abuse and bestiality material:

Seq

Offence

Description

Maximum penalty

As agreed by Parties

1

Section 474.22(1) of the Criminal Code (Cth)

Use…

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 Meza Isla

Details

AGLC: R v Meza Isla [2024] NSWDC 526
Case: [2024] NSWDC 526
Decision Date: 08 November 2024

CaseChat Overview and Summary

The case of R v Meza Isla involved the defendant being charged with multiple offences related to child abuse material and bestiality. The charges included using a carriage service for child pornography and bestiality material, as well as possession of such material. The case was heard in the District Court of New South Wales. The defendant entered a guilty plea for all charges, and the court was required to determine an appropriate sentence considering the nature and gravity of the offences.

The legal issues before the court included the sentencing principles applicable to the child pornography and bestiality offences. The court had to consider the impact of the offences on the community, the defendant’s culpability, and the need for deterrence and rehabilitation. Additionally, the court needed to decide on the appropriate discount to apply for the defendant’s guilty plea and how to aggregate the sentences for the different offences.

The court began by assessing the severity of the offences, noting the significant harm caused by the dissemination and possession of child abuse material and bestiality content. The court applied the principles of totality and considered the cumulative effect of the offences. The defendant's guilty plea warranted a discount of 25% on the sentences. The court then calculated the sentences for each offence sequence, ensuring the aggregate sentence reflected the overall culpability and harm caused. The final sentence was determined by aggregating the state and federal sentences, taking into account the non-parole periods and head sentences.

The court ordered the defendant to serve an aggregate sentence of 5 years, with a non-parole period of 3 years and 9 months. The sentences were to commence on 4 August 2023, with the defendant becoming eligible for parole on 3 May 2027. This comprehensive sentencing approach aimed to balance the need for punishment, deterrence, and rehabilitation while considering the defendant's early guilty plea.

Orders

Orders of the court

(1) For the State offences, Seq 2 and 8, impose an aggregate sentence of imprisonment of a fixed-term of 1 year 6 months commencing 4/8/2023. This term has been reduced by a discount of 25 per cent for the plea of guilty.

(2) For the Commonwealth offence, Seq 1, indicate a sentence of imprisonment consisting of a non-parole period of 2 years 3 months commencing from 4/8/2024 and a head sentence of 3 years. This term has been reduced by a discount of 25 per cent for the plea of guilty.

(3) For the Commonwealth offence, Seq 27, taking into account the s 16BA matter attached, indicate a sentence of imprisonment consisting of a non-parole period of 1 year 8 months commencing from 4/5/2026 and a head sentence of 2 years 3 months. This term has been reduced by a discount of 25 per cent for the plea of guilty.

(4) An aggregate sentence for the Commonwealth offences, sequences 1 and 27, also taking into account the s 16BA matters, of a term of 3 years and 6 months, commencing 4 Feb 2025 and expiring 3 Aug 2028. There will be a non-parole period of 2 years and 3 months to commence 4 February 2025 and expire 3 May 2027.

(5) The overall effective sentence is a head sentence of 5 years commencing 4 August 2023, and a non-parole period of 3 years and 9 months commencing 4 August 2023. The Offender will become eligible to be released on parole on 3 May 2027.

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 Meza Isla [2024] NSWDC 526
Hearing dates:	28 October 2024
Date of orders:	8 November 2024
Decision date:	08 November 2024
Jurisdiction:	Criminal
Before:	Newlinds SC DCJ
Decision:	(1) For the State offences, Seq 2 and 8, impose an aggregate sentence of imprisonment of a fixed-term of 1 year 6 months commencing 4/8/2023. This term has been reduced by a discount of 25 per cent for the plea of guilty. (2) For the Commonwealth offence, Seq 1, indicate a sentence of imprisonment consisting of a non-parole period of 2 years 3 months commencing from 4/8/2024 and a head sentence of 3 years. This term has been reduced by a discount of 25 per cent for the plea of guilty. (3) For the Commonwealth offence, Seq 27, taking into account the s 16BA matter attached, indicate a sentence of imprisonment consisting of a non-parole period of 1 year 8 months commencing from 4/5/2026 and a head sentence of 2 years 3 months. This term has been reduced by a discount of 25 per cent for the plea of guilty. (4) An aggregate sentence for the Commonwealth offences, sequences 1 and 27, also taking into account the s 16BA matters, of a term of 3 years and 6 months, commencing 4 Feb 2025 and expiring 3 Aug 2028. There will be a non-parole period of 2 years and 3 months to commence 4 February 2025 and expire 3 May 2027. (5) The overall effective sentence is a head sentence of 5 years commencing 4 August 2023, and a non-parole period of 3 years and 9 months commencing 4 August 2023. The Offender will become eligible to be released on parole on 3 May 2027.
Catchwords:	CRIME — Child sex offences — Child abuse material — Using carriage service for child pornography material or child abuse material – Production/Dissemination/Possession CRIME – Bestiality material – Possession or dissemination of bestiality material an offence under s 547E of Crimes Act 1900 (NSW)
Legislation Cited:	Crimes Act 1914 (Cth) s 16A; s 16BA; s 17A; s 19: s 20(1)(b)(ii); s 23ZD Crimes (Sentencing and Procedure) Act 1999 (NSW) s 3A; s 5; s 21A The Criminal Code (Cth) s 474.22; s 474.23 Crimes Act 1900 (NSW) s 79; s 547E
Cases Cited:	Chesworth v R [2023] NSWCCA 115 Pearce v The Queen (1998) 194 CLR 610 Director of Public Prosecutions (Cth) v Garside [2016] VSCA 74
Category:	Sentence
Parties:	Commonwealth Director of Public Prosecutions (Crown) Gustavo Adolfo Meza Isla (Offender)
Representation:	Counsel: V Barros Goncalves (Crown) S Schaudin (Offender) Solicitors: CDPP (Crown) George Sten and Co (Offender)
File Number(s):	2023/186057
Publication restriction:	Nil