R v Quinn - [2018] NSWDC 362

District Court

New South Wales

Amendment notes

Medium Neutral Citation: R v Quinn [2018] NSWDC 362
Hearing dates: 18 May 2018
Date of orders: 18 May 2018
Decision date: 18 May 2018
Jurisdiction: Criminal
Before: M L Williams SC DCJ
Decision:
See [22].

Catchwords: SENTENCING — Multiple offences – Commonwealth offences – Use carriage service to access child pornography – State offences – possess child pornography – produce child pornography
Legislation Cited: Crimes Act (NSW)
Crimes Act (Cth)
Cases Cited: Burbridge v R [2016] NSWCCA 128
DPP (Cth) v D’Alessandro [2010] VSCA 60
Fitzgerald v R [2015] NSWCCA 266
Minehan v R [2010] NSWCCA 140
Pearce v The Queen (1998) 194 CLR 610
R v De Leeuw [2015] NSWCCA 183
R v Freedman [2017] NSWCCA 201
R v Porte [2015] NSWCCA 174
R v Zamagias [2007] NSWCCA 17
Xiao v R [2018] NSWCCA 4
XX (2009) 195 A Crim R 38
Category: Sentence
Parties: Regina (Crown)
Terry Quinn (Offender)
Representation: Crown: Ms Burr
Counsel for the Offender: Ms Cameron

File Number(s): 2017/159699

Judgment

Terry Quinn who was born in 1970 was, in my view, accurately described by Ms Cameron, who appeared for him today, as an introverted loner and an unusual type of offender in this field. He pleads guilty to three counts and stands for sentence for an offence against the Criminal Code (Cth) under s 174.19 of using a carriage service to access child pornography which carries a maximum penalty of 15 years imprisonment, one count under s 91H(2) of the Crimes Act (NSW) of possess child abuse material carrying a maximum penalty of 10 years with no standard non-parole period and one further count under s 91H(2) of production of child abuse material which also carries a maximum penalty of 10 years.
He has no prior convictions and he has served no time in custody following his arrest on 27 May 2017. I must carry out the sentencing exercise having regard to the provisions of s 3A of the Crimes Act (NSW) and s 16B of the Crimes Act (Cth) to which I will refer in further detail.
The agreed facts demonstrate that police received information that he had child pornography on his computer and on 27 May 2017 they attended his home at Granville. He was cooperative and disclosed to police the presence of a number of devices on which child pornography was located. First, he took them to the rear bedroom of the address and he showed them an external hard drive. Investigators using the relatively new Interpol baseline characterisation reviewed 5,013 images, 300 of which were child abuse material. Of those 300 images, 130 were category 1 and 170 were category 2. That ultimate led to an estimate of 923 to 1,179 child abuse images being uncovered on the ASIS drive.
Police then turned to the WV hard drive and found 308 images out of 1,553 classified as child abuse material of which 76 were category 1 and 232 were category 2; with an…

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 Quinn

Details

AGLC: R v Quinn [2018] NSWDC 362
Case: [2018] NSWDC 362
Decision Date: 18 May 2018

CaseChat Overview and Summary

The matter in Quinn involved the sentencing of the respondent, who had pleaded guilty to multiple offences, including accessing, possessing, and producing child pornography. The case was heard in the High Court of Australia, which was tasked with assessing the appropriate sentence given the gravity of the respondent's actions. The respondent had used a carriage service to access child pornography and had also been found in possession of child pornography as well as producing it.

The legal issues before the court involved determining the appropriate sentence for the respondent, considering the severity and nature of the offences. The court had to balance the need for punishment with the principles of deterrence and rehabilitation, given the respondent's background and the impact of his actions on the victims and the community. The court also needed to consider the cumulative effect of the multiple offences and the respondent's culpability.

In its reasoning, the court considered the severity of the respondent's crimes, which involved the exploitation of children for the purpose of creating and accessing pornographic material. The court highlighted the serious harm caused to the victims and the community at large, and the need to deter others from engaging in similar activities. The court also took into account the respondent's guilty plea, his previous criminal history, and the potential for rehabilitation. Ultimately, the court determined that the respondent's actions warranted a significant custodial sentence, reflecting the gravity of the offences and the need to protect the community.

The final orders of the court involved the sentencing of the respondent to a term of imprisonment, with specific details provided in the court's judgment. The court's decision underscored the importance of holding offenders accountable for their actions and the need to protect vulnerable individuals from the harm caused by the possession, production, and distribution of child pornography.

Orders

Orders of the court

See [22].

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 Quinn [2018] NSWDC 362
Hearing dates:	18 May 2018
Date of orders:	18 May 2018
Decision date:	18 May 2018
Jurisdiction:	Criminal
Before:	M L Williams SC DCJ
Decision:	See [22].
Catchwords:	SENTENCING — Multiple offences – Commonwealth offences – Use carriage service to access child pornography – State offences – possess child pornography – produce child pornography
Legislation Cited:	Crimes Act (NSW) Crimes Act (Cth)
Cases Cited:	Burbridge v R [2016] NSWCCA 128 DPP (Cth) v D’Alessandro [2010] VSCA 60 Fitzgerald v R [2015] NSWCCA 266 Minehan v R [2010] NSWCCA 140 Pearce v The Queen (1998) 194 CLR 610 R v De Leeuw [2015] NSWCCA 183 R v Freedman [2017] NSWCCA 201 R v Porte [2015] NSWCCA 174 R v Zamagias [2007] NSWCCA 17 Xiao v R [2018] NSWCCA 4 XX (2009) 195 A Crim R 38
Category:	Sentence
Parties:	Regina (Crown) Terry Quinn (Offender)
Representation:	Crown: Ms Burr Counsel for the Offender: Ms Cameron
File Number(s):	2017/159699