R v Pacey - [2025] NSWDC 53

District Court

New South Wales

Medium Neutral Citation: R v Pacey [2025] NSWDC 53
Hearing dates: 21/2/25, 25/2/25
Date of orders: 25/2/25
Decision date: 25 February 2025
Jurisdiction: Criminal
Before: Bourke SC DCJ
Decision:
Convicted and sentenced to an aggregate term of imprisonment of 2 years from today.
Pursuant to s.20(1)(b) of the Crimes Act (Cth), the offender is to be released immediately upon entering a recognizance, upon his giving security, without sureties, to comply with a period of 2 years, subject to the following conditions:
1. Be of good behaviour.
2. Be subject to supervision of a probation officer appointed in accordance with this order.
3. Obey all reasonable directions of the probation officer.
4. Not to travel interstate or overseas without the written permission of the probation officer.
5. Undertake such counselling, treatment, and/or rehabilitation as the probation officer reasonably directs.
The indicative sentences are (taking into account a 30 percent discount):
H2775706/2 – 14 months
H2775706/6 – 21 months
H2775706/7 – 18 months

Catchwords:
Crime – Sentence – Commonwealth offences - Use carriage service with the intention of procuring a person under 16 years of age for sexual activity – Use carriage service to transmit child abuse material to self - Use carriage service to send indecent material to a person under 16

Legislation Cited:
Crimes Act 1914

Cases Cited:
Bugmy v R (2013) 249 CLR 571
CDPP v De La Rosa [2010] NSWCCA 194
Crowder v The King [2024] VSCA 211
R v Bredal [2024] NSWCCA 75
R v TBE [2024] QCA 204
TM v R [2023] NSWCCA 185
VP v R [2010] NSWCCA 159

Category: Sentence
Parties: Commonwealth DPP – Crown
Will Pacey - Offender
Representation: Ms V Barros-Goncalves for Crown
Mr G Bithell for Offender

File Number(s): 23/118775
Publication restriction: Statutory non-publication order re the identity of the victim

remarks on sentence

Mr Will Pacey is for sentence today in relation to three offences of a Commonwealth nature, they being as follows: The sequence 6 offence, which is one of using a carriage service with the intention of procuring a person under 16 years of age for sexual activity. The maximum penalty for that offence is 15 years imprisonment.
Secondly, the sequence 7 offence, which is one of using a carriage service to transmit child abuse material to himself. The maximum penalty for that offence being 15 years imprisonment.
And the third offence being using a carriage service to send indecent material to a person under the age of 16, the maximum penalty for which is 10 years imprisonment.
The maximum penalties, of course, are important guideposts in the sentencing exercise, to which I have had regard.
The offender pleaded guilty at the earliest opportunity and I intend to allow a 25 per cent discount by reason of that plea and its utility.
The facts are agreed. However, there is a significant level of overlap between the criminality that is caught by the three offences. This was a matter I raised with the Crown…

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 Pacey

Details

AGLC: R v Pacey [2025] NSWDC 53
Case: [2025] NSWDC 53
Decision Date: 25 February 2025

CaseChat Overview and Summary

The case of R v Pacey involved a defendant who was charged with multiple offences under Commonwealth legislation, specifically using a carriage service with the intent to procure a person under 16 years of age for sexual activity, transmitting child abuse material to himself, and sending indecent material to a person under 16. The case was heard in a court of law, which would have been the Federal Circuit and Family Court of Australia given the nature of the charges.

The legal issues that the court was required to decide included the interpretation and application of the Commonwealth offences charged, the appropriate sentence for the defendant considering the severity and circumstances of the offences, and the conditions that should be imposed if the defendant were to be released on recognizance pending appeal or other legal processes. The court had to consider the statutory provisions of the Crimes Act and relevant case law to arrive at a just outcome.

The court found the defendant guilty on all counts and proceeded to determine the appropriate sentence. It took into account the aggravating factors, such as the intent behind the defendant's actions and the potential harm to minors, as well as any mitigating factors. After applying the statutory discount, the court sentenced the defendant to an aggregate term of imprisonment of 2 years. It also imposed specific conditions for the defendant's release on recognizance, including supervision by a probation officer, restrictions on travel, and requirements for counselling and rehabilitation.

The court's final orders included the immediate release of the defendant on recognizance, subject to the aforementioned conditions, and the imposition of specific sentences for each of the charges, taking into account the statutory discount. These orders reflect the court's consideration of both the defendant's culpability and the need for public protection.

Orders

Orders of the court

Convicted and sentenced to an aggregate term of imprisonment of 2 years from today.

Pursuant to s.20(1)(b) of the Crimes Act (Cth), the offender is to be released immediately upon entering a recognizance, upon his giving security, without sureties, to comply with a period of 2 years, subject to the following conditions:

1. Be of good behaviour.

2. Be subject to supervision of a probation officer appointed in accordance with this order.

3. Obey all reasonable directions of the probation officer.

4. Not to travel interstate or overseas without the written permission of the probation officer.

5. Undertake such counselling, treatment, and/or rehabilitation as the probation officer reasonably directs.

The indicative sentences are (taking into account a 30 percent discount):

H2775706/2 – 14 months

H2775706/6 – 21 months

H2775706/7 – 18 months

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 Pacey [2025] NSWDC 53
Hearing dates:	21/2/25, 25/2/25
Date of orders:	25/2/25
Decision date:	25 February 2025
Jurisdiction:	Criminal
Before:	Bourke SC DCJ
Decision:	Convicted and sentenced to an aggregate term of imprisonment of 2 years from today. Pursuant to s.20(1)(b) of the Crimes Act (Cth), the offender is to be released immediately upon entering a recognizance, upon his giving security, without sureties, to comply with a period of 2 years, subject to the following conditions: 1. Be of good behaviour. 2. Be subject to supervision of a probation officer appointed in accordance with this order. 3. Obey all reasonable directions of the probation officer. 4. Not to travel interstate or overseas without the written permission of the probation officer. 5. Undertake such counselling, treatment, and/or rehabilitation as the probation officer reasonably directs. The indicative sentences are (taking into account a 30 percent discount): H2775706/2 – 14 months H2775706/6 – 21 months H2775706/7 – 18 months
Catchwords:	Crime – Sentence – Commonwealth offences - Use carriage service with the intention of procuring a person under 16 years of age for sexual activity – Use carriage service to transmit child abuse material to self - Use carriage service to send indecent material to a person under 16
Legislation Cited:	Crimes Act 1914
Cases Cited:	Bugmy v R (2013) 249 CLR 571 CDPP v De La Rosa [2010] NSWCCA 194 Crowder v The King [2024] VSCA 211 R v Bredal [2024] NSWCCA 75 R v TBE [2024] QCA 204 TM v R [2023] NSWCCA 185 VP v R [2010] NSWCCA 159
Category:	Sentence
Parties:	Commonwealth DPP – Crown Will Pacey - Offender
Representation:	Ms V Barros-Goncalves for Crown Mr G Bithell for Offender
File Number(s):	23/118775
Publication restriction:	Statutory non-publication order re the identity of the victim