R v PG

[2020] NSWDC 144

District Court

New South Wales

Medium Neutral Citation:	R v PG [2020] NSWDC 144
Hearing dates:	17 April 2020
Date of orders:	17 April 2020
Decision date:	17 April 2020
Jurisdiction:	Criminal
Before:	Priestley SC, DCJ
Decision:	See [74]
Catchwords:	CRIME — Child sex offences — Child abuse material — Production/Dissemination/Possession CRIME — Child sex offences — Child abuse material — Using carriage service for child pornography material or child abuse material CRIME — Child sex offences — Sexually Touch child <10
Legislation Cited:	Crimes Act 1900 (NSW) Commonwealth Criminal Code Act 1995 (Cth) Commonwealth Crimes Act 1914 (Cth) Crimes (Sentencing Procedure) Act 1999 (NSW)
Cases Cited:	AH v R [2015] NSWCCA 51 Minehan v R [2010] NSWCCA 140 Turner v R [2017] NSWCCA Attorney General’s Application under s37 of the Crimes (Sentencing Procedure) Act 1999 No 1 of 2002 (2002) 56 NSWLR 146 Muldrock v The Queen [2011] HCA 39 Xiao v R [2018] NSWCCA 4 R v PGM [2008] 172 Taylor v R [2020] NSWCCA 46 R v Gavel [2014] NSWCCA 56 R v Porte [2015] NSWCCA 174 R v Holder [1983] 3 NSWLR 245 Cahyadi v R [2007] NSWCCA 1; 168 A Crim R 41
Category:	Sentence
Parties:	Regina (Crown) PG (Accused)
Representation:	Solicitors: Ms Collins Solicitor for the DPP Mr Behan Solicitor for the Accused
File Number(s):	2019/00033784

Contents

Judgment

Introduction

Charges and maximum penalties and standard non parole periods

The Facts and objective seriousness of each offence

Sequence 1

Form 1 matters

Sequence 3 and 8

Sequence 3

Sequence 5

Sequence 8

Sequence 7 and Commonwealth Crimes Act.

Form 1 procedure

Standard non-parole period

Section 21A

Subjective case

Psychological report

Guilty plea

Good character

Likelihood of reoffending

Remorse and contrition

Testimonial

Victim impact statement

Sentencing assessment report

Comparable cases

Totality

Special circumstances

Sentencing considerations

Indicative sentences

Orders

Judgment

Introduction

1. The offender appears for sentence in respect of 4 State offences and one Commonwealth offence. Additionally in relation to the sexual touching charge (sequence 1) there are 2 further offences to be dealt with on a Form 1. The remaining 4 offences are all in relation to child abuse material and in relation to those 4 offences two involved the victim of the sexual touching, one was using a carriage service to access child abuse material and the last was to possess child abuse material. The 2 matters on the form 1 were respectively sequence 6 and sequence 2, to produce and to possess child abuse material and respectively involving the victim of the sexual touching and a second victim apparently under the age of 10. Each of these charges has a lengthy maximum penalty.

Charges and maximum penalties and standard non parole periods

2. The charges and relevant penalties are:

1. S66DA(a), sexual touching: 16 years and a standard non parole period of 8 years;

2. S91H(2) (2 counts), possess child abuse material: 10 years and no standard non parole period. The two form 1 matters are charges under this same section, and relate to the sexual…