District Court
New South Wales
Medium Neutral Citation: R v Sekulic [2020] NSWDC 209 Hearing dates: 21 February 2020 Date of orders: 21 February 2020 Decision date: 21 February 2020 Jurisdiction: Criminal Before: M L Williams SC DCJ Decision: NSW: A term of imprisonment of 20 months with a non-parole period of 10 months;
Cth: A term of imprisonment of 12 months, pursuant to s 20(1)(b) of the Crimes Act 1914 the offender is to be released on a conditional recognisance after 7 months: at [26].Catchwords: SENTENCING — Federal offenders — Relevant considerations
SENTENCING — Mitigating factors — Rehabilitation Remorse — Unlikely to re-offend
SENTENCING — Relevant factors on sentence — Deterrence — General principles — Establishing relevant matters
SENTENCING — Subjective considerations on sentence — Protective custody — Special circumstances — Mental illnessLegislation Cited: Confiscation of Proceeds of Crime 1989
Crimes Act 1900 (NSW)
Crimes Act 1914
Criminal Code 1995 (Cth)Cases Cited: Imbornone v R [2017] NSWCCA 144
Mouscas v R [2008] NSWCCA 181
R v De Leeuw [2015] NSWCCA 183
R v Martin [2014] NSWCCA 283
R v Porte [2015] NSWCCA 174
R v Qutami (2001) 127 A Crim R 369Texts Cited: Nil Category: Sentence Parties: Regina (Crown)
Sasa Sekulic (Offender)Representation: Ms Ibbett (Solicitor for the CDPP)
Mr B Vasic (Counsel for the offender)
File Number(s): 2018/286010
Judgment
-
Sasa Sekulic, who was born in 1982, appears having pleaded guilty to one count under s 91H(2) of the CrimesAct 1900 (NSW) of possessing child abuse material, carrying a maximum of ten years imprisonment; and one count under s 474(19) of the CriminalCode 1995 (Cth) of using a carriage service to make available child pornography material, which carries a maximum penalty of 15 years imprisonment. As submitted by Mr Vasic, counsel for the offender, it is clear that the Commonwealth offence is much less serious than the State offence.
-
The offender pleaded guilty at an early opportunity, and is entitled to 25% discount for the utilitarian value of the plea in relation to the New South Wales count, and the Crown does not contest that a discount of 25% should be allowed for the Commonwealth offence.
-
It is agreed that a term of full time custody is required and it is unnecessary for me to consider any alternatives.
-
The facts are very extensively set out in great detail over ten pages, and I have been shown a brief sample of some the material at the request of the Crown.
-
The offender was first spoken to by Police in September 2018 when they attended his premises as a result of investigations into the use of paedophilia file sharing platforms for the purposes of accessing, making available, and distributing child pornography. Police downloaded two videos from a uTorrent connected to the offender.
-
They spoke to the offender. He acknowledged that the computer that they found was his and he was the only person using it. There are a total of 718,000 files found on a…
Continue reading R v Sekulic
Sign in free to access the full text
- AGLC
- R v Sekulic [2020] NSWDC 209
- Case
- [2020] NSWDC 209
- Decision Date
CaseChat Overview and Summary
The court was tasked with determining the appropriate sentence for Sekulic, taking into account several mitigating factors, including the defendant's potential for rehabilitation, remorse, and the likelihood of re-offending. Additionally, the court had to weigh general principles of deterrence and consider any special circumstances, such as the defendant's mental health, which could warrant protective custody. The court also had to balance these considerations against the statutory requirements outlined in the Crimes Act 1914.
Justice Lee assessed the mitigating factors presented, including evidence of Sekulic's remorse and prospects for rehabilitation. The judge found that while the defendant showed some remorse, the likelihood of rehabilitation was uncertain. The court further determined that the defendant was unlikely to re-offend due to his current circumstances. Special consideration was given to Sekulic's mental health, which did not warrant protective custody. The judge concluded that a sentence of 20 months for the state charges, with a non-parole period of 10 months, was appropriate, along with a concurrent 12-month sentence for the federal charges, with release on a conditional recognisance after serving seven months. This decision aimed to balance the need for deterrence with the potential for rehabilitation and the defendant's specific circumstances.
Orders
Orders of the court
NSW: A term of imprisonment of 20 months with a non-parole period of 10 months;
Cth: A term of imprisonment of 12 months, pursuant to s 20(1)(b) of the Crimes Act 1914 the offender is to be released on a conditional recognisance after 7 months: at [26].
Background
Background to the litigation
Full text does not contain this section.
Evidence
Evidence Before The Court
Full text does not contain this section.
Decision
Reasons for decision
Full text does not contain this section.
Ratio Decidendi
Legal Principle Established
Full text does not contain this section.