R v Richmond-Jones - [2024] NSWDC 391

District Court

New South Wales

Medium Neutral Citation: R v Richmond-Jones [2024] NSWDC 391
Hearing dates: 27 May 2024
29 May 2024
12 August 2024
Date of orders: 12 August 2024
Decision date: 12 August 2024
Jurisdiction: Criminal
Before: Anderson SC DCJ
Decision:
(1) The offender is convicted of both of these offences.
(2) With respect to sequence 1, the offender is fined the amount of $2,100, being roughly 10 penalty units less the discount of 25%.
(3) With respect to sequence 5, the offender is sentenced to a term of imprisonment of two years. The sentence is to date from 31 July 2023 and will expire on 30 July 2025.
(4) With respect to sequence 5, pursuant to s 20(1)(b) of the Crimes Act, after a period of 14 months, the offender is to be released on a recognisance in the sum of $500 for the remaining ten months of that sentence. There will be terms attaching to that recognisance. They are: firstly, to be of good behaviour; secondly, must be subject to the supervision of a probation and parole officer appointed in accordance with this order; thirdly, must obey all reasonable directions of a probation officer; fourthly, not to travel interstate or overseas without permission of the probation officer; and, fifthly, must undertake a rehabilitation program designed for offenders convicted of sexual offences, in addition to any other rehabilitation program that the probation officer directs to be undertaken. The offender is to be released onto this recognisance from custody on 30 September 2024.
(5) Pursuant to s 23ZD of the Crimes Act and upon an application of the Commonwealth Director of Public Prosecutions, the mobile phone belonging to the offender and seized by the Australian Border Force on 7 January 2023 is forfeited to the Commonwealth.

Catchwords:
CRIME – sentence – child pornography – planning unlawful sexual activity outside of Australia – hierarchy of sentencing options

Legislation Cited:
Criminal Code Act 1995
Customs Act 1901
Crimes Act 1914

Cases Cited:
Minehan v R [2010] NSWCCA 140
R v Hutchinson [2018] NSWCCA 152
Worboyes v The Queen [2021] VSCA 169

Category: Sentence
Parties: Gary Richmond-Jones (Offender)
Commonwealth Director of Public Prosecutions (Crown)
Representation:
Counsel:
Mr S Flood (Offender)
Mr A Brown (Crown)
Solicitors:
Ryan Payten Le (Offender)
Commonwealth Director of Public Prosecutions (Crown)

File Number(s): 2023/006270

JUDGMENT

Gary Richmond‑Jones comes before the Court in relation to two matters. The first matter is an offence under s 233BAB(5) of the Customs Act being that on 7 January 2023 Mr Richmond-Jones, who I will refer to as the offender, intentionally imported goods, being tier 2 goods, comprising child abuse material, being reckless to the fact that the goods were tier 2 goods and being good the importation of which was prohibited under the Customs Act 1901 and requisite approval had not been obtained at the time of importation. The maximum penalty for that offence is ten years or up to 2,500 penalty units.
The second matter before the Court is 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 Richmond-Jones

Details

AGLC: R v Richmond-Jones [2024] NSWDC 391
Case: [2024] NSWDC 391
Decision Date: 12 August 2024

CaseChat Overview and Summary

The case of R v Richmond-Jones involved the offender who was convicted of possessing child pornography and planning to engage in unlawful sexual activity outside Australia. The offender was brought before the court for sentencing on these charges. The central legal issues for the court to resolve were the appropriate hierarchy of sentencing options and the specific terms of the recognisance under which the offender would be released. The court had to consider the nature of the offences, the offender's culpability, and the need for both punishment and rehabilitation.

The court considered the severity of the offences, acknowledging the serious breach of moral standards and potential harm to children involved in the child pornography. The court also recognised the offender's early guilty plea, which warranted a discount on the fine for the child pornography offence. For the planning offence, the court recognised the need for significant deterrence and rehabilitation, leading to the imposition of a custodial sentence. The court meticulously balanced these considerations, applying the statutory provisions to determine the most appropriate sentencing options, including the imposition of recognisance with specific conditions aimed at ensuring the offender's rehabilitation and preventing reoffending.

The court sentenced the offender to a fine of $2,100 for the child pornography offence and a term of imprisonment of two years for planning unlawful sexual activity outside Australia. The imprisonment sentence was to commence on 31 July 2023 and conclude on 30 July 2025, with the offender eligible for release on recognisance after serving 14 months. The recognisance conditions included good behaviour, supervision by a probation officer, compliance with their directions, restrictions on interstate and overseas travel, and participation in a rehabilitation program for sexual offenders. Additionally, the court ordered the forfeiture of the offender's mobile phone to the Commonwealth under the Crimes Act.

The court's final orders included the conviction of the offender on both charges, the imposition of a fine and a custodial sentence, and the release of the offender on recognisance with specific terms. The forfeiture of the mobile phone to the Commonwealth was also ordered, reflecting the seriousness of the offences and the need for both punishment and rehabilitation.

Orders

Orders of the court

(1) The offender is convicted of both of these offences.

(2) With respect to sequence 1, the offender is fined the amount of $2,100, being roughly 10 penalty units less the discount of 25%.

(3) With respect to sequence 5, the offender is sentenced to a term of imprisonment of two years. The sentence is to date from 31 July 2023 and will expire on 30 July 2025.

(4) With respect to sequence 5, pursuant to s 20(1)(b) of the Crimes Act, after a period of 14 months, the offender is to be released on a recognisance in the sum of $500 for the remaining ten months of that sentence. There will be terms attaching to that recognisance. They are: firstly, to be of good behaviour; secondly, must be subject to the supervision of a probation and parole officer appointed in accordance with this order; thirdly, must obey all reasonable directions of a probation officer; fourthly, not to travel interstate or overseas without permission of the probation officer; and, fifthly, must undertake a rehabilitation program designed for offenders convicted of sexual offences, in addition to any other rehabilitation program that the probation officer directs to be undertaken. The offender is to be released onto this recognisance from custody on 30 September 2024.

(5) Pursuant to s 23ZD of the Crimes Act and upon an application of the Commonwealth Director of Public Prosecutions, the mobile phone belonging to the offender and seized by the Australian Border Force on 7 January 2023 is forfeited to the Commonwealth.

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 Richmond-Jones [2024] NSWDC 391
Hearing dates:	27 May 2024 29 May 2024 12 August 2024
Date of orders:	12 August 2024
Decision date:	12 August 2024
Jurisdiction:	Criminal
Before:	Anderson SC DCJ
Decision:	(1) The offender is convicted of both of these offences. (2) With respect to sequence 1, the offender is fined the amount of $2,100, being roughly 10 penalty units less the discount of 25%. (3) With respect to sequence 5, the offender is sentenced to a term of imprisonment of two years. The sentence is to date from 31 July 2023 and will expire on 30 July 2025. (4) With respect to sequence 5, pursuant to s 20(1)(b) of the Crimes Act, after a period of 14 months, the offender is to be released on a recognisance in the sum of $500 for the remaining ten months of that sentence. There will be terms attaching to that recognisance. They are: firstly, to be of good behaviour; secondly, must be subject to the supervision of a probation and parole officer appointed in accordance with this order; thirdly, must obey all reasonable directions of a probation officer; fourthly, not to travel interstate or overseas without permission of the probation officer; and, fifthly, must undertake a rehabilitation program designed for offenders convicted of sexual offences, in addition to any other rehabilitation program that the probation officer directs to be undertaken. The offender is to be released onto this recognisance from custody on 30 September 2024. (5) Pursuant to s 23ZD of the Crimes Act and upon an application of the Commonwealth Director of Public Prosecutions, the mobile phone belonging to the offender and seized by the Australian Border Force on 7 January 2023 is forfeited to the Commonwealth.
Catchwords:	CRIME – sentence – child pornography – planning unlawful sexual activity outside of Australia – hierarchy of sentencing options
Legislation Cited:	Criminal Code Act 1995 Customs Act 1901 Crimes Act 1914
Cases Cited:	Minehan v R [2010] NSWCCA 140 R v Hutchinson [2018] NSWCCA 152 Worboyes v The Queen [2021] VSCA 169
Category:	Sentence
Parties:	Gary Richmond-Jones (Offender) Commonwealth Director of Public Prosecutions (Crown)
Representation:	Counsel: Mr S Flood (Offender) Mr A Brown (Crown) Solicitors: Ryan Payten Le (Offender) Commonwealth Director of Public Prosecutions (Crown)
File Number(s):	2023/006270