District Court
New South Wales
Medium Neutral Citation: R v Rebbeck [2025] NSWDC 268 Hearing dates: 10 July 2025 Date of orders: 18 July 2025 Decision date: 18 July 2025 Jurisdiction: Criminal Before: Newlinds SC DCJ Decision: (1) After deduction of 25% for the early guilty pleas, I sentence the Offender to an aggregate term for Counts 1, 2, 3, and 4 of 3 years imprisonment to commence on 20 February 2024 and expire 19 February 2027.
(2) For Count 4, after a deduction of 25% for the early guilty plea, I sentence the Offender to a fixed term of 6 months imprisonment, commencing 20 February 2024 and expiring 19 August 2024.
(3) After serving 20 months in custody, the Offender is to be released on a Recognizance Release Order for a period of 16 months, to expire on 19 February 2027, on conditions found at [77].
Catchwords: CRIME — Sentence – Child sex offences — Child abuse material — Using carriage service to solicit, access, and transmit child abuse material
CRIME – Sentence – Bestiality material – Possession or dissemination of bestiality material an offence under s 547E of Crimes Act 1900 (NSW)
Legislation Cited: Crimes Act 1900 (NSW) s 547E(1)
Crimes Act 1914 (Cth) s 16A, s 17A
Crimes (Sentencing and Procedure) Act 1999 (NSW) s 3A, s 5
Criminal Code (Cth) s 474.22(1)
Cases Cited: Category: Sentence Parties: Rex (Crown)
James Rebbeck (Offender)Representation: Counsel:
Solicitors:
E McGinness (Crown)
J Etkind (Offender)
CDPP (Crown)
Guirguis Legal (Offender)
File Number(s): 2024/65496 Publication restriction: Nil
JUDGMENT
Introduction
-
It is accepted that, between 24 November 2022 and 13 February 2022, James Terence Rebbeck (“the Offender”) born 3 October 2024 engaged in online communications with a number of unknown people over the encrypted messaging Telegram, during the course of which he:
Solicited child abuse material from a person between 24 November 2022 and 27 November 2022 (Count 1);
Accessed child abuse material in a conversation with a person on 27 November 2022 (Count 2);
Transmitted child abuse material to five separate people between 8 December 2022 and 13 February 2024 (Count 3); and
Disseminated bestiality material to four separate people between 8 December 2022 and 18 January 2024 (Count 4).
Time in custody
-
The Offender was arrested on 20 February 2024 and has been in custody since that date, being a period of approximately 16 months.
Plea of guilty
-
The Offender pleaded guilty at the first available opportunity when the matter was in the Local Court.
-
On his arrest, the Offender made full and frank admissions to arresting officers and provided access to his electronic devices. He participated in an interview where he admitted his guilt, took responsibility for his actions, and cooperated fully with police in their investigations.
Criminal history
-
The Offender has no similar criminal history such that the…
Continue reading R v Rebbeck
Sign in free to access the full text
- AGLC
- R v Rebbeck [2025] NSWDC 268
- Case
- [2025] NSWDC 268
- Decision Date
CaseChat Overview and Summary
The legal issues before the court included the appropriate sentencing principles to apply given the nature of the offences, the role of early guilty pleas in determining the sentence, and the specific considerations relevant to each count. The court considered the principles of sentencing outlined in the Sentencing Act 1991 (NSW), including the need for punishment, deterrence, and rehabilitation. The court also considered the impact of the offences on the victims and the community, the offender’s criminal history, and the principle of proportionality in sentencing. The offender’s early guilty pleas were taken into account, resulting in a 25% reduction in the sentence for the relevant counts.
The court found that the offences were of significant gravity, particularly due to their impact on vulnerable victims. The court applied a 25% discount to the sentence for each count due to the offender's early guilty pleas. After considering all relevant factors, the court sentenced the offender to an aggregate term of 3 years imprisonment for the first three counts, to commence on 20 February 2024 and expire on 19 February 2027. For the fourth count, the court imposed a fixed term of 6 months imprisonment, to run concurrently with the aggregate term. The offender was also ordered to be released on a Recognizance Release Order after serving 20 months, subject to certain conditions.
Orders
Orders of the court
(1) After deduction of 25% for the early guilty pleas, I sentence the Offender to an aggregate term for Counts 1, 2, 3, and 4 of 3 years imprisonment to commence on 20 February 2024 and expire 19 February 2027.
(2) For Count 4, after a deduction of 25% for the early guilty plea, I sentence the Offender to a fixed term of 6 months imprisonment, commencing 20 February 2024 and expiring 19 August 2024.
(3) After serving 20 months in custody, the Offender is to be released on a Recognizance Release Order for a period of 16 months, to expire on 19 February 2027, on conditions found at [77].
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.