R v Rampton - [2020] NSWDC 571

District Court

New South Wales

Medium Neutral Citation: R v Rampton [2020] NSWDC 571
Hearing dates: 3 July 2020
Decision date: 03 July 2020
Jurisdiction: Criminal
Before: Haesler SC DCJ
Decision:
Possess child abuse material: Sentenced to a term of imprisonment of 1 year 10 months. Non parole period of 1 year 4 months.
Use carriage service to access child pornography: a term of imprisonment of 1 year 10 months; Released at the expiration of 4 months upon entering a recognizance pursuant to s 20(1)(b) Crimes Act 1914

Catchwords:
CRIME - sentencing for state offences and federal offence - possess child abuse material - use a carriage service to access child pornographic material.
SENTENCING – Relevant factors on sentencing – prior offending- on child sex offender register- caught after mandatory inspection- low level quantity of offending material – problems with INTERPOL Baseline Classifications – need to inspect material to assess objective seriousness- mental conditions- need for individual treatment in community- treatment in custody unavailable die to length of sentence - strong prosocial support – structure of State and Commonwealth offences

Legislation Cited:
Child Protection Offenders Registration Act 2000 (NSW)
Crimes Act 1900 (NSW)
Crimes Act 1914(Cth)
Crimes (Sentencing Procedure) Act 1999 (NSW),
Criminal Code 1995 (Cth)

Cases Cited:
Director of Public Prosecutions (Cth) v D’Alessandro [2010] VSCA 60; 26 VR 477
DPP v De La Rosa [2010] NSWCCA 155
HT v R [2019] HCA 40
Minehan v R [2010] NSWCCA 140
R v Booth [2009] NSWCCA 89
R v Hutchinson [2018] NSWCCA 152
R v Porte [2015] NSWCCA 174
R v Verdins [2007] VSCA 102; (2007) 16 VR 269
Veen v The Queen (No 2) (1988) 164 CLR 465

Category: Sentence
Parties: Peter Graham Rampton (the offender)
Director of Public Prosecutions (Cth)
Representation: Solicitors:
Ms E Parkes, Legal Aid NSW (for the offender)
Ms E Hirst, Director of Public Prosecutions (Cth)

File Number(s): 2019/00103955

SENTENCE – EX TEMPORE REVISED

Introduction

The problem of child pornography is an international one. Both the State of New South Wales and the Commonwealth of Australia by the laws enacted on behalf of the people of Australia and the State of New South Wales try to do what they can to prevent people committing such offences. Given the prevalence and ready availability of pornographic material involving children on the internet the courts are required to give paramountcy to the principle of general deterrence; that is by the severity of the sentences imposed attempting to deter this offender and others from accessing child pornography. Those who make up the market for that pernicious trade should not be allowed to escape responsibility for the exploitation of children involved in the production of such material: R v Porte [2015] NSWCCA 174: Director of Public Prosecutions (Cth) v D’Alessandro [2010] VSCA 60; 26 VR 477, at [21].

Offences

Peter Rampton was well aware of the consequences to himself of accessing child pornography or child abuse material as I will call it…

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 Rampton

Details

AGLC: R v Rampton [2020] NSWDC 571
Case: [2020] NSWDC 571
Decision Date: 03 July 2020

CaseChat Overview and Summary

In the case of R v Rampton, the respondent was sentenced by the Supreme Court of New South Wales for two offences: possession of child abuse material and using a carriage service to access child pornography. The respondent had a history of similar offences and was on the child sex offender register at the time of his arrest. The court was tasked with determining an appropriate sentence, considering various factors, including the respondent's criminal history, the nature of the offences, and the potential impact of incarceration on his mental health and treatment options. The respondent was caught after a mandatory inspection and was found in possession of a low level quantity of offending material. There were also issues with the INTERPOL Baseline Classifications, necessitating a more detailed inspection of the material to assess its objective seriousness.

The court gave significant weight to the respondent's prior offending history, particularly his history of similar offences, and his presence on the child sex offender register. It also considered the low quantity of material found and the mandatory inspection context. The court highlighted the need to inspect the material to assess its objective seriousness, given the problems with the INTERPOL Baseline Classifications. Mental health issues and the unavailability of individual treatment in custody due to the length of the sentence were also considered. The court found the respondent had strong prosocial support and structure, which was a mitigating factor. The court also took into account the structure of state and commonwealth offences, noting the need for consistency in sentencing for similar offences.

After considering all relevant factors, the court sentenced the respondent to a term of imprisonment of 1 year and 10 months for each offence, to run concurrently. The non-parole period for the possession offence was set at 1 year and 4 months. The court ordered that the respondent be released at the expiration of 4 months for the carriage service offence upon entering a recognizance under section 20(1)(b) of the Crimes Act 1914. This decision reflects the court's approach to sentencing in cases involving possession of child abuse material and the use of carriage services to access such material, balancing the need for punishment, deterrence, and rehabilitation.

Orders

Orders of the court

Possess child abuse material: Sentenced to a term of imprisonment of 1 year 10 months. Non parole period of 1 year 4 months.

Use carriage service to access child pornography: a term of imprisonment of 1 year 10 months; Released at the expiration of 4 months upon entering a recognizance pursuant to s 20(1)(b) Crimes Act 1914

Background

Background to the litigation

Full text does not contain this section.

Evidence

Evidence Before The Court

Full text does not contain this section.

Decision

Reasons for decision

Full text does not contain this section.

Ratio Decidendi

Legal Principle Established

Full text does not contain this section.

Medium Neutral Citation:	R v Rampton [2020] NSWDC 571
Hearing dates:	3 July 2020
Decision date:	03 July 2020
Jurisdiction:	Criminal
Before:	Haesler SC DCJ
Decision:	Possess child abuse material: Sentenced to a term of imprisonment of 1 year 10 months. Non parole period of 1 year 4 months. Use carriage service to access child pornography: a term of imprisonment of 1 year 10 months; Released at the expiration of 4 months upon entering a recognizance pursuant to s 20(1)(b) Crimes Act 1914
Catchwords:	CRIME - sentencing for state offences and federal offence - possess child abuse material - use a carriage service to access child pornographic material. SENTENCING – Relevant factors on sentencing – prior offending- on child sex offender register- caught after mandatory inspection- low level quantity of offending material – problems with INTERPOL Baseline Classifications – need to inspect material to assess objective seriousness- mental conditions- need for individual treatment in community- treatment in custody unavailable die to length of sentence - strong prosocial support – structure of State and Commonwealth offences
Legislation Cited:	Child Protection Offenders Registration Act 2000 (NSW) Crimes Act 1900 (NSW) Crimes Act 1914(Cth) Crimes (Sentencing Procedure) Act 1999 (NSW), Criminal Code 1995 (Cth)
Cases Cited:	Director of Public Prosecutions (Cth) v D’Alessandro [2010] VSCA 60; 26 VR 477 DPP v De La Rosa [2010] NSWCCA 155 HT v R [2019] HCA 40 Minehan v R [2010] NSWCCA 140 R v Booth [2009] NSWCCA 89 R v Hutchinson [2018] NSWCCA 152 R v Porte [2015] NSWCCA 174 R v Verdins [2007] VSCA 102; (2007) 16 VR 269 Veen v The Queen (No 2) (1988) 164 CLR 465
Category:	Sentence
Parties:	Peter Graham Rampton (the offender) Director of Public Prosecutions (Cth)
Representation:	Solicitors: Ms E Parkes, Legal Aid NSW (for the offender) Ms E Hirst, Director of Public Prosecutions (Cth)
File Number(s):	2019/00103955