R v Minson - [2022] ACTSC 46

SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY

Case Title:	R v Minson
Citation:	[2022] ACTSC 46
Hearing Date:	2 February 2022
DecisionDate:	7 February 2022
Before:	Mossop J
Decision:	See [47]
Catchwords:	CRIMINAL LAW – JURISDICTION, PRACTICE AND PROCEDURE – Judgment and punishment – sentence – possessing child abuse material obtained or accessed using a carriage service – using a carriage service to access child abuse material – possession in the nature of a library of child abuse material – offending above the mid-range of objective seriousness – prior conviction for possessing child abuse material – utilitarian value of pleas of guilty – strong prosecution case – application of the Commonwealth mandatory minimum sentence regime in relation to the possession charges – sentences of imprisonment imposed – significant degree of concurrency recognises the closely related nature of the offences
Legislation Cited:	Criminal Code (Cth), ss 473.1, 474.22, 474.22A Crimes Act 1914 (Cth), ss 3, 16AAB, 19 Crimes Act 1900 (NSW), s 578B(2) Crimes Legislation Amendment (Sexual Crimes Against Children and Community Protection Measures) Act 2020 (Cth), Schs 6, 10 Child Protection (Offenders Registration) Act 2000 (NSW)
Cases Cited:	Bahar v The Queen [2011] WASCA 249; 45 WAR 100 Commonwealth Director of Public Prosecutions v CCQ [2021] QCA 4 R v Porte [2015] NSWCCA 174; 252 A Crim R 294 R v Hurt (No 2) [2021] ACTSC 241 R v Hutchinson [2018] NSWCCA 152
Parties:	The Queen ( Crown) Matthew Minson ( Offender)
Representation:	Counsel D Jordan ( Crown) B Rutzou ( Offender)
Solicitors Commonwealth Director of Public Prosecutions ( Crown) Legal Aid ACT ( Offender)
File Number:	SCC 267 of 2021

MOSSOP J:

Introduction

The offender, Matthew Minson, has pleaded guilty in the Magistrates Court to five counts of possessing child abuse material obtained or accessed using a carriage service, contrary to s 474.22A of the Criminal Code (Cth) (CC2021/6826, CC2021/9975, CC2021/9976, CC2021/9977 and CC2021/9978). The maximum penalty for each offence is 15 years’ imprisonment. The offender has also pleaded guilty to one count of using a carriage service to access child abuse material, contrary to s 474.22 of the Criminal Code (CC2021/9979). The maximum penalty is 15 years’ imprisonment. The applicability of the mandatory minimum sentence regime in s 16AAB of the Crimes Act 1914 (Cth) will be addressed later in these reasons.

Facts

The facts are agreed and are, in summary, as follows.

In June 2021, the Australian Capital Territory (ACT) Joint Anti Child Exploitation Team detected that child abuse material files were being accessed on a BitTorrent peer-to‑peer (P2P) computer software program. The user was linked by an Internet Protocol (IP) address resolving to the Internet Service Provider known as TPG. The IP address subscriber was then identified as the offender.

On 1 July 2021, the Australian Federal Police (AFP) executed a search warrant at the offender’s residence at an address in Greenway. The offender and his wife were present at the time.

The following five devices belonging to the offender were seized by…

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 Minson

Details

AGLC: R v Minson [2022] ACTSC 46
Case: [2022] ACTSC 46
Decision Date

CaseChat Overview and Summary

The offender, Matthew Minson, was charged with five counts of possessing child abuse material obtained or accessed using a carriage service and one count of using a carriage service to access child abuse material. The Supreme Court of the Australian Capital Territory heard the matter and considered the legal issues involved in the application of the mandatory minimum sentence regime, the objective seriousness of the offences, and the appropriate sentence structure. The court found that the mandatory minimum sentence regime applied to three of the possession charges and imposed sentences of imprisonment for each of the six counts, with a significant degree of concurrency to reflect the closely related nature of the offences. The non-parole period was set at 60 percent of the total sentence, reflecting the purposes of sentencing. The court imposed sentences of imprisonment for each count and set the non-parole period at 60 percent of the total sentence. The offender will serve a total of 7 years and 5 months in prison, with a non-parole period of 4 years and 5 months. The sentences for each count are to commence on different dates, with the earliest sentence beginning on 1 July 2021. The court considered the objective seriousness of the offences, the offender's previous conviction, and the mandatory minimum sentence regime in determining the appropriate sentences.

Orders