R v Shelford No 2

[2013] NSWDC 158

District Court

New South Wales

Medium Neutral Citation:	R v Shelford No 2 [2013] NSWDC 158
Hearing dates:	7 June 2013
Decision date:	07 June 2013
Before:	Berman SC DCJ
Decision:	Sentenced to imprisonment. Sentences to be served by way of an Intensive Corrections Order
Catchwords:	CRIMINAL LAW - Sentence - Schedule under 16BA - Possess child abuse material - Use carriage service to transmit child pornographic material - Using carriage service to access child abuse material
Legislation Cited:	Commonwealth Crimes Act
Category:	Sentence
Parties:	The Crown Gavin Dean Shelford
Representation:	Ms Thornton - Crown (Cth) Director of Public Prosecutions (Cth) -Crown Criminal and Traffic Law - Offender
File Number(s):	2012/76115

SENTENCE

1. HIS HONOUR: On 19 April 2013 I delivered some remarks concerning the offences committed by Mr Shelford and his subjective circumstances. For reasons I then explained I determined that the length of the sentence was such that an ICO would be an option. The matter was therefore adjourned so that Mr Shelford could be assessed as to his suitability to serve his sentence by way of an intensive correction order. That report has now become available. It indicates Mr Shelford's suitability. Consistent with what I said earlier I will impose a sentence of imprisonment but order that it be served by way of an intensive correction order.

1. There are two offences for which Mr Shelford must be sentenced. The first is a State offence of possessing child abuse material and the second is a Commonwealth offence of using a carriage service to transmit child pornographic material. When sentencing him for that Commonwealth offence he asked that I take into account another Commonwealth matter, this appearing on a schedule under s 16BA of the Commonwealth Crimes Act. That is an offence of using a carriage service to access child pornographic material.

1. The offences are interrelated representing various things that Mr Shelford did involving the internet and in particular chat logs and photographs and other images including videos. Because they are interrelated I have decided to impose concurrent sentences on the two separate offences.

1. The order I make is this. For the State offence of possessing child abuse material, the offender is sentenced to imprisonment for a period of two years. For the Commonwealth offence taking into account the matter to be taken into account the offender is also sentenced to imprisonment for two years. Those sentences are to be served concurrently.

1. I order that the sentences be served by way of an intensive corrections order. Those sentences will commence on 17 June 2013. The intensive corrections orders are subject to the mandatory conditions prescribed. It is important that Mr Shelford understand that he must obey those rules. If he fails to do so, the intensive correction order can be cancelled and he can be required to serve his sentence by way of fulltime imprisonment. A full copy of the mandatory conditions will be provided to Mr Shelford at the Registry.

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Decision last updated: 28 August 2013