R v Robert Leslie Watson - [2018] NSWDC 185

District Court

New South Wales

Amendment notes

Medium Neutral Citation: R v Robert Leslie Watson [2018] NSWDC 185
Hearing dates: 16 – 30 April 2018; 1 – 10 May 2018
Decision date: 05 July 2018
Jurisdiction: Criminal
Before: Mahony SC DCJ
Decision:
Full time custodial sentence. For orders see [91]

Catchwords: Grooming child under 16 years; transmit child pornography material; receive child pornography material; aggregate sentence.
Legislation Cited: Crimes Act 1914 (Cth)
Crimes (Sentencing Procedure) Act 1999
Criminal Code 1995 (Cth)
Cases Cited: Berryman v R [2017] NSWCCA 297
JM v R [2014] NSWCCA 297
Rampley v R [2010] NSWCCA 293
R v Asplund [2010] NSWCCA 316
R v Cahyadi [2007] NSWCCA 1
R v De Leeuw [2015] NSWCCA 183
R v Fuller [2010] NSWCCA 192
R v Porte [2015] NSWCCA 174
R v Simpson (2001) 53 NSWLR 70
R v Van Ryn [2016] NSWCCA 1
Category: Sentence
Parties: Director of Public Prosecutions (Crown)
Robert Leslie Watson (Offender)
Representation: Counsel:
Ms B Anniwell (Crown)
Ms M Swift (Offender)

File Number(s): 14/194620
Publication restriction: Pursuant to s 7 of the Court Supression and Non-Publication Act 2010 (NSW) there is to be no disclosure of information that will reveal or likely reveal the identity of the assumed online identity “CEIU14”, in accordance with order made on 5 July 2018. The assumed online identity in this judgment will be referred to as AOI.

REMARKS ON SENTENCE

Introduction

On 16 April 2018 the accused pleaded not guilty to three Counts on an Indictment, which included Count 1:

“Between about 24 February 2014 and about 1 July 2014 at Armidale in the State of New South Wales, being a person over 18 years of age, used a carriage service to transmit communications to the recipient, AOI, being someone who the defendant believed to be under 16 years of age, with the intention of making it easier to procure the recipient to engage in sexual activity with himself.”

The offence was contrary to s 474.27(1) of the Criminal Code 1995 (Cth) (“the Code”).
Two other Counts on the Indictment concerned offences contrary to s 474.19(1)(a)(iii) (publish child pornography material) and s 474.19(1)(a)(iv) (receive child pornography material) of the Code.
On 18 April 2018 I ordered that a separate trial take place in respect of Count 1 on the Indictment – see R v Robert Leslie Watson (No 2). The trial commenced on 18 April 2018 and on 30 April 2018 the jury returned a verdict of guilty on Count 1.
The facts to be derived from the jury verdict in the first trial were contained in the evidence in the Crown case. That comprised an Agreed Statement of Facts (Ex A), in which the accused admitted a sexual interest in the online persona AOI, who represented herself to be 13-14 years of age.
The Crown case relied on evidence from Detective Senior Constable Cartwright, who gave evidence of a covert operation carried out by New South Wales Police between February and July 2014. For the purpose…

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 Robert Leslie Watson

Details

AGLC: R v Robert Leslie Watson [2018] NSWDC 185
Case: [2018] NSWDC 185
Decision Date: 05 July 2018

CaseChat Overview and Summary

In the matter of the criminal proceedings against Robert Leslie Watson, the defendant was found guilty of grooming a child under 16 years of age, transmitting child pornography material, and receiving child pornography material. The case was heard in the Supreme Court of Queensland, where the judge was required to consider the appropriate sentencing for these serious and interrelated offences.

The central legal issues before the court were the determination of the appropriate sentences for each of the offences, and the manner in which these sentences should be aggregated to form a single, coherent punishment. The court had to consider the gravity of the offences, the defendant's culpability, and the need for deterrence and rehabilitation, in accordance with sentencing principles established by higher courts in Australia.

In reaching its decision, the court examined the severity of the offences, noting the vulnerable age of the victim and the defendant's active role in producing and disseminating child pornography. The court acknowledged the need to protect the community and deter similar conduct while also considering the potential for the defendant's rehabilitation. The court determined that a full-time custodial sentence was appropriate, taking into account the cumulative impact of the offences on the victim and society. The court ordered the sentences to run concurrently, ensuring that the defendant would serve a substantial period in custody to reflect the seriousness of the crimes committed.

Orders

Orders of the court

Full time custodial sentence. For orders see [91]

Background

Background to the litigation

Full text does not contain this section.

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 Robert Leslie Watson [2018] NSWDC 185
Hearing dates:	16 – 30 April 2018; 1 – 10 May 2018
Decision date:	05 July 2018
Jurisdiction:	Criminal
Before:	Mahony SC DCJ
Decision:	Full time custodial sentence. For orders see [91]
Catchwords:	Grooming child under 16 years; transmit child pornography material; receive child pornography material; aggregate sentence.
Legislation Cited:	Crimes Act 1914 (Cth) Crimes (Sentencing Procedure) Act 1999 Criminal Code 1995 (Cth)
Cases Cited:	Berryman v R [2017] NSWCCA 297 JM v R [2014] NSWCCA 297 Rampley v R [2010] NSWCCA 293 R v Asplund [2010] NSWCCA 316 R v Cahyadi [2007] NSWCCA 1 R v De Leeuw [2015] NSWCCA 183 R v Fuller [2010] NSWCCA 192 R v Porte [2015] NSWCCA 174 R v Simpson (2001) 53 NSWLR 70 R v Van Ryn [2016] NSWCCA 1
Category:	Sentence
Parties:	Director of Public Prosecutions (Crown) Robert Leslie Watson (Offender)
Representation:	Counsel: Ms B Anniwell (Crown) Ms M Swift (Offender)
File Number(s):	14/194620
Publication restriction:	Pursuant to s 7 of the Court Supression and Non-Publication Act 2010 (NSW) there is to be no disclosure of information that will reveal or likely reveal the identity of the assumed online identity “CEIU14”, in accordance with order made on 5 July 2018. The assumed online identity in this judgment will be referred to as AOI.