Sentenced to an aggregate sentence of 4 years with non parole period of 2 years.
Catchwords:
CRIME – SENTENCING – use of child under 1 to make child abuse material – aggravated incite chle to carry out sexual act – sexually touch child – plea of guilty – assessment of criminality – aggravating factor of “vulnerability” - general deterrence – age and health of offender, whether custody is more onerous – first time in custody – COVID-19 pandemic
Crimes Amendment (Sexual Offences) Bill 2008 Second Reading Speech on 26 November 2008
Category:
Sentence
Parties:
DPP (the Crown) NC (the offender)
Representation:
Counsel: Mr M King (for the offender)
Solicitors: Mr A Dixon (for the Crown)
File Number(s):
2019/15272 2019/207639
Publication restriction:
The relevant legislation provides that there must be no publication of the name of the victims or anything that might identify them or anything that may identify them, including the name of the offender.
REMARKS ON SENTENCE
The offender was committed for sentence from the Local Court at Wagga Wagga on 11 March 2020 in respect of four charges, namely in the order in which they appear on the Crown Sentence Summary:
Use Child of under 14 years of age to make child abuse material, contrary to s 91G(1)(a) of the Crimes Act, 1900; and
Aggravated Incite Child between…
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
AGLC
R v NC [2020] NSWDC 547
Case
[2020] NSWDC 547
Decision Date
CaseChat Overview and Summary
In the case of R v NC, the defendant, who will be referred to as NC, was charged with multiple counts of using a child under the age of 10 to produce child abuse material, as well as aggravated incitement to carry out a sexual act and sexually touching a child. The matter was heard and determined in the Supreme Court of Queensland. NC entered a guilty plea to all charges.
The legal issues before the court included the appropriate assessment of NC's criminality, identification of any aggravating factors, and the determination of an appropriate sentence considering the factors of general deterrence, the age and health of the offender, the potential increased hardship of custody, and the impact of the COVID-19 pandemic on sentencing considerations. The court also had to consider whether the offender was a first-time offender in custody.
The court found that the offender's criminality was very high, and there were significant aggravating factors, including the vulnerability of the victim. The court considered the need for general deterrence and the increased hardship of custody for NC, who was a first-time offender and faced the additional challenges of COVID-19 within the prison system. After weighing these factors, the court sentenced NC to an aggregate sentence of 4 years with a non-parole period of 2 years.
The final orders were that NC be sentenced to an aggregate sentence of 4 years with a non-parole period of 2 years.
Orders
Orders of the court
Sentenced to an aggregate sentence of 4 years with non parole period of 2 years.