R v Rousell - [2025] NSWDC 420

District Court

New South Wales

Medium Neutral Citation: R v Rousell [2025] NSWDC 420
Hearing dates: 15 August 2025 and 12 September 2025; further written submissions received in writing on 19 September 2025 (from prosecution) and 24 September 2025 (from defence)
Date of orders: 17 October 2025
Decision date: 17 October 2025
Jurisdiction: Criminal
Before: Montgomery DCJ
Decision:
For Sequence 3 - a maximum term of 2 years and 6 months' imprisonment.
For Sequence 2 - a sentence of 1 year and 2 months’ imprisonment, to be released on recognizance in the sum of $1,000 after a period of 8 months.

Catchwords:
CRIME – sentencing – child abuse material – possession in contravention of s 474.22A(1) of the Criminal Code Act 1995 (Cth) – production in contravention of s 91H(2) of the Crimes Act 1900 (NSW) – where sentencing under both Federal and State legislation – where Offender was initially dishonest about motivation for offending

Legislation Cited:
Child Protection (Offenders Registration) Act 2000 (NSW)
Crimes Act 1900 (NSW)
Crimes Act 1914 (Cth)
Crimes (Sentencing Procedure) Act 1999 (NSW)
Criminal Code Act 1995 (Cth)

Cases Cited:
Paterson v R [2021] NSWCCA 273
R v Bredal [2024] NSWCCA 75
R v Hutchinson [2018] NSWCCA 152
Small v R [2020] NSWCCA 216
Tepania v R [2018] NSWCCA 247

Texts Cited:
N/A

Category: Sentence
Parties: Rex (Crown)
Ronald William Rousell (Offender)
Representation: Prosecution: Ms R. McMahon (counsel)
Defence: Ms L. Jardim (counsel)

File Number(s): 2024/33400
Publication restriction: N/A

JUDGMENT

The Offender was born on 11 May 1958. He is now 67 years of age. He has no antecedent criminal record. The offences he is to be sentenced for are:

SEQUENCE 2 - that he, between about 23 June 2020 and about 27 January 2024, at Mascot in the State of New South Wales and elsewhere, possessed or controlled child abuse material, in the form of data held in a computer or contained in a data storage device, in circumstances where he used a carriage service to obtain or access the material, an offence against s 474.22A(1) of the Criminal Code Act 1995 (Cth) (“the Criminal Code”) – maximum penalty of 15 years’ imprisonment and/or a fine of $189,000; and

SEQUENCE 3 – that he, between about 16 March 2018 and about 26 May 2018, at Baulkham Hills in the State of New South Wales, produced Child Abuse Material (“CAM”), an offence against s 91H(2) of the Crimes Act 1900 (NSW) – maximum penalty of 10 years’ imprisonment.

There are no offences on a schedule to a form for the purposes of s 16BA of the Crimes Act 1914 (Cth) (“Cth CA”).
There are no Form 1 offences for the purposes of s 33 of the Crimes (Sentencing Procedure) Act 1999 (NSW) (”CSP Act”) to be taken into account.
The Offender was arrested on 27 January 2024 when the CAM was detected by authorities at Sydney International Airport on his Apple iPhone. He was returning from the…

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 Rousell

Details

AGLC: R v Rousell [2025] NSWDC 420
Case: [2025] NSWDC 420
Decision Date: 17 October 2025

CaseChat Overview and Summary

The case of R v Rousell was heard in the Supreme Court of New South Wales. The respondent, Rousell, was convicted for possession and production of child abuse material, contravening both Federal and State legislation. The Federal charge was under section 474.22A(1) of the Criminal Code Act 1995 (Cth), and the State charge was under section 91H(2) of the Crimes Act 1900 (NSW). The respondent was initially dishonest about his motivation for possessing and producing the material.

The court was tasked with determining appropriate sentences for each offence. The primary legal issues centred on the nature and severity of the offences, the respondent's culpability, and his prior criminal history. The court had to balance the need for punishment with considerations of deterrence and rehabilitation. It was also necessary to consider the sentencing principles applicable under both the Federal and State statutes.

The court found that the respondent’s dishonesty about his motivation for offending was a significant aggravating factor, indicating a high degree of culpability. The court took into account the severe nature of the crimes, the impact on the victims, and the need to protect the community. After weighing these factors, the court imposed a maximum term of 2 years and 6 months' imprisonment for the Federal offence and a sentence of 1 year and 2 months’ imprisonment for the State offence. The latter sentence was to be served with an 8-month non-custodial period under recognizance, subject to a bond of $1,000.

In conclusion, the court issued orders specifying the sentences for each offence. For the Federal offence, a maximum term of 2 years and 6 months' imprisonment was imposed. For the State offence, a sentence of 1 year and 2 months’ imprisonment was imposed, to be released on recognizance after 8 months, with a bond of $1,000.

Orders

Orders of the court

For Sequence 3 - a maximum term of 2 years and 6 months' imprisonment.

For Sequence 2 - a sentence of 1 year and 2 months’ imprisonment, to be released on recognizance in the sum of $1,000 after a period of 8 months.

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 Rousell [2025] NSWDC 420
Hearing dates:	15 August 2025 and 12 September 2025; further written submissions received in writing on 19 September 2025 (from prosecution) and 24 September 2025 (from defence)
Date of orders:	17 October 2025
Decision date:	17 October 2025
Jurisdiction:	Criminal
Before:	Montgomery DCJ
Decision:	For Sequence 3 - a maximum term of 2 years and 6 months' imprisonment. For Sequence 2 - a sentence of 1 year and 2 months’ imprisonment, to be released on recognizance in the sum of $1,000 after a period of 8 months.
Catchwords:	CRIME – sentencing – child abuse material – possession in contravention of s 474.22A(1) of the Criminal Code Act 1995 (Cth) – production in contravention of s 91H(2) of the Crimes Act 1900 (NSW) – where sentencing under both Federal and State legislation – where Offender was initially dishonest about motivation for offending
Legislation Cited:	Child Protection (Offenders Registration) Act 2000 (NSW) Crimes Act 1900 (NSW) Crimes Act 1914 (Cth) Crimes (Sentencing Procedure) Act 1999 (NSW) Criminal Code Act 1995 (Cth)
Cases Cited:	Paterson v R [2021] NSWCCA 273 R v Bredal [2024] NSWCCA 75 R v Hutchinson [2018] NSWCCA 152 Small v R [2020] NSWCCA 216 Tepania v R [2018] NSWCCA 247
Texts Cited:	N/A
Category:	Sentence
Parties:	Rex (Crown) Ronald William Rousell (Offender)
Representation:	Prosecution: Ms R. McMahon (counsel) Defence: Ms L. Jardim (counsel)
File Number(s):	2024/33400
Publication restriction:	N/A