R v Reynolds

[2023] NSWDC 152

District Court

New South Wales

Medium Neutral Citation:

R v Reynolds [2023] NSWDC 152

Hearing dates:

6 April 2023

Date of orders:

11 May 2023

Decision date:

11 May 2023

Jurisdiction:

Criminal

Before:

Mahony SC DCJ

Decision:

Fulltime custodial order. For orders see [136].

Catchwords:

CRIME – sentence – use carriage service to transmit/publish/promote child abuse – possess/control child abuse material.

Legislation Cited:

Crimes Act 1914 (Cth)

Criminal Code Act 1995 (Cth)

Cases Cited:

DPP (Cth) v CCQ [2021] QCA 4

DPP (Cth) v De La Rosa (2010) 79 NSWLR 1

Kearsley v R [2017] NSWCCA 28

Pavlic v The Queen (1995) 5 TASR 186; 83 A Crim R 13

R v Booth [2009] NSWCCA 89

R v Clarkson (2011) 32 VR 361

R v Ellis (1986) 6 NSWLR 603

R v Hutchinson [2018] NSWCCA 152

R v Porte [2015] NSWCCA 174

Totaan v R [2022] NSWCCA 75

Category:

Sentence

Parties:

Commonwealth Director of Public Prosecutions (Crown)

Cody Michael Reynolds (offender)

Representation:

Counsel:
R Coffey (Offender)
G Lewer (Crown)

Solicitors:
C Strati (Crown)
B Scard (Crown)

File Number(s):

2022/68151

Publication restriction:

Non-publication order as follows:-
1 Pursuant to ss 7(a), 8(1)(c)(d) and (e) of the Court Suppression and Non-Publication Orders Act 2010 (NSW), (the Act) the publication of information tending to reveal the details about alleged abuse contained in the following exhibits or material is prohibited:
(a) Exhibit 1.1 – Affidavit of Cody Reynolds: paragraphs [33]-[81];
(b) Exhibit 1.2 – Forensic Psychological report of Florence Gray-Weale: [7], [16]–[18];
(c) Exhibit B – Sentence Assessment Report: second bullet point on page 3;
(d) Exhibit B – Annexure A – Case Note: second paragraph, under the sub heading “Dynamic Risk Factors” on page 1;
(e) Written submissions filed on behalf of the Offender: paragraphs [62], [65], [96], [98], [102].
(f) [REDACTED].
2 Order 1 does not prohibit or restrict the disclosure of the information to the following:
(a) The Offender or his legal representatives;
(b) An officer or legal representative from the Commonwealth DPP;
(c) The Australian Federal Police; or
(d) Any other Commonwealth Government agency.
3 Order 1 does not apply to any oral or written submissions made by legal representatives for the Crown or the Offender in this or any further proceedings in relation to the matter 2022/00068151.
4 This Order is to operate throughout the Commonwealth of Australia.
5 The order is to operate for the term of the sentence ie until 8 March 2026.

REMARKS ON SENTENCE

1. The offender is to be sentenced in respect of the following two offences for which he entered pleas of guilty in the Local Court on 20 December 2022:-

1. Sequence 1 – offence of use a carriage service to transmit child abuse material pursuant to s474.22(1)(a)(iii) of the Criminal Code Act 1995 (Cth) (‘the Code”). The maximum penalty for this offence is 15 years imprisonment.

2. Sequence 3 – offence of possess or control child abuse material obtained or accessed using a carriage service pursuant to s474.22A of the Code. The maximum penalty…