District Court
New South Wales
Medium Neutral Citation: R v Robertson [2024] NSWDC 258 Hearing dates: 12 April 2024 Date of orders: 12 April 2024 Decision date: 12 April 2024 Jurisdiction: Criminal Before: Sutherland SC DCJ Decision: [57] – [82]
Catchwords: CRIME — Child sex offences — Child abuse material — Possession of child abuse material obtained using carriage service
CRIME — Child sex offences — Fail to comply with reporting obligations under Child Protection (Offenders Registration) Act 2000
SENTENCING — Mitigating factors — Plea of guilty — Prospects of rehabilitation — Offender attempted to access mental health services immediately before subject offences
Legislation Cited: Child Protection (Offenders Registration) Act 2000 (NSW)
Crimes (Sentencing Procedure) Act (NSW)
Crimes Act 1900 (NSW)
Crimes Act 1914 (Cth)Cases Cited: Callaghan v R [2006] NSWCCA 58
Delzotto v R [2024] HCA 8
Veen v The Queen (No 2) (1988) 164 CLR 465Texts Cited: Nil
Category: Sentence Parties: Rex (Crown)
Paul Anthony Robertson (Offender)Representation: Counsel:
Mr K Ng (Crown)
Mr J Lang (Offender)Solicitors:
Commonwealth Director of Public Prosecutions (Crown)
Legal Aid Commission of NSW (Offender)
File Number(s): 2022/00221898 Publication restriction: Nil
JUDGMENT
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Paul Anthony Robertson appears for sentence with respect to one substantive matter for sentence and a second matter brought before this Court pursuant to s 166 as a related offence. The circumstances of Mr Robertson’s appearance for a third occasion in relation to similar offending is a matter of considerable regret both to himself, I am certain, and also to the community.
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In short, he had been sentenced historically to a suspended term of imprisonment in 2015, which I will refer to shortly, and then in 2020 he was arrested and charged with possession of child abuse material in respect of which he was sentenced in 2022 by Bright DCJ of the District Court sitting at Gosford. The effective aggregate of the sentences imposed by Bright DCJ for both State offences and a Commonwealth Criminal Code offence was, in practical terms, 4 years with a 2 year minimum term required to be actually served, that outcome being effected by the partial overlapping of a Commonwealth sentence with a State sentence in respect of which there had been a non-parole period.
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Mr Robertson was released pursuant to the Commonwealth recognizance and also on parole with respect to the State charge on 21 June 2022.
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The circumstances attending his psychological state at that particular point in time were less than satisfactory. Mr Robertson, recognising the difficulties that he felt at the time, attended upon the Calvary Mater Hospital Mental Health Service the day after he had been released and indicated to them that he did not feel safe, that he had suicidal thoughts, he was teary and clearly was exhibiting a history of depression about which there had been considerable evidence placed before Bright DCJ at the time that she passed sentence earlier that year.
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I do not propose to read onto the record the full detail of the material which…
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- AGLC
- R v Robertson [2024] NSWDC 258
- Case
- [2024] NSWDC 258
- Decision Date
CaseChat Overview and Summary
The court had to address several legal issues, including whether the prosecution had successfully proven that Robertson possessed child abuse material obtained through a carriage service, and whether he had failed to comply with mandatory reporting requirements under the relevant legislation. Additionally, the court considered various mitigating factors presented by Robertson's legal counsel, including his plea of guilty, his efforts to seek mental health services before committing the offences, and his prospects for rehabilitation. The court had to balance these mitigating factors against the gravity of the crimes committed.
In delivering its judgment, the court meticulously examined the evidence presented and the arguments made by both the prosecution and the defence. It found that the prosecution had established the charges beyond reasonable doubt. However, the court took into account Robertson's plea of guilty, his immediate attempts to seek mental health assistance, and other mitigating circumstances. Despite these factors, the court held that the offences warranted a custodial sentence to ensure public safety and deterrence. The court imposed a sentence that reflected the seriousness of the crimes while also considering the mitigating factors.
The final orders of the court included a custodial sentence for Robertson, with specific details regarding the duration and conditions of the sentence outlined in the judgment. The court also mandated that Robertson comply with all reporting obligations under the Child Protection (Offenders Registration) Act 2000, emphasizing the importance of such measures in preventing future offences and protecting vulnerable individuals.
Orders
Orders of the court
[57] – [82]
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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