District Court
New South Wales
Medium Neutral Citation: R v Tippett [2020] NSWDC 576 Hearing dates: 18 December 2020; 13 March 2020; 10 July 2020 Date of orders: 10 July 2020 Decision date: 10 July 2020 Jurisdiction: Criminal Before: M L Williams SC DCJ Decision: In relation to count 1, a fixed term of imprisonment of 6 months and in relation to count 2, a fixed term of imprisonment of 8 months: at [15].
Catchwords: SENTENCING — Federal offenders — Relevant considerations
SENTENCING — Penalties — Imprisonment
SENTENCING — Mitigating factors — Remorse — Plea of guilty
SENTENCING — Relevant factors on sentence — Purposes of sentencing
Legislation Cited: Criminal Code 1995 (Cth)
Crimes Act 1900 (NSW)
Cases Cited: Kristensen v R [2018] NSWCCA 189
Texts Cited: Nil
Category: Sentence Parties: Regina (Crown)
Donovan Tippet (Offender)Representation: Mr C Stevens (Commonwealth Director of Public Prosecutions)
Mr L Nicholls (Counsel for the offender)
File Number(s): 2018/185052
Judgment
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Donovan Tippett, now aged 35 years old, has pleaded guilty to one offence contrary to s 474.27A of the Criminal Code 1995 (Cth), of using a carriage service to send indecent material to a person under the age of 16 years which carries a maximum penalty of seven years imprisonment, and one offence contrary to s 91H(2) of the Crimes Act 1900 (NSW), of possess child abuse material which carries a maximum penalty of ten years imprisonment.
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It is common ground that he has served 12 days in custody in relation to this matter and that fulltime custody is appropriate in this case, so it is unnecessary for me to consider any alternatives when sentencing in accordance with the purposes of sentencing both for the State and Commonwealth offences.
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The facts are agreed and there is very little contest between the very helpful submissions of Mr Nicholls for the offender, and the Crown. There has been no dissent from my suggested sentences raised with counsel during the course of submissions, so that I can deliver relatively brief remarks on sentence.
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The Commonwealth offence arises out of events in 2018, when South Australian Police used an assumed online identity (AOI) of a 14 year old female on a social networking site. The offender sent a message to the AOI and was told that she was 14 years of age. Conversations continued over a number of days, with the offender asking the assumed AOI on multiple occasions for a picture. He was reminded that she was only 14 years of age. On 20 February 2018 the offender sent a photograph of a close-up of his erect penis to the AOI and continued asking for a picture of her, and sent her suggestive messages. He continued to ask for a photograph of the AOI between 21 February and 7 March and engaged in sexualised conversation.
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He was arrested on 14 June 2018 at his home at Maroubra. On execution of a search warrant child…
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- AGLC
- R v Tippett [2020] NSWDC 576
- Case
- [2020] NSWDC 576
- Decision Date
CaseChat Overview and Summary
The legal issues central to the decision involved assessing the appropriate term of imprisonment for each count, considering the purposes of sentencing, and weighing mitigating factors such as the defendant's remorse and plea of guilty. The court had to consider the severity of the crimes, the need for deterrence and rehabilitation, and the defendant's conduct both during and after the commission of the offences.
The court determined that the defendant's remorse and early guilty plea warranted some consideration in mitigation. However, given the seriousness of the offences, the court imposed a fixed term of imprisonment of 6 months for the first count and 8 months for the second count. The reasoning underscored the need to ensure that the sentence served the purposes of deterrence, rehabilitation, and punishment, while also acknowledging the mitigating factors presented.
The final orders of the court were that Tippett would serve a fixed term of imprisonment of 6 months in relation to count 1 and 8 months in relation to count 2.
Orders
Orders of the court
In relation to count 1, a fixed term of imprisonment of 6 months and in relation to count 2, a fixed term of imprisonment of 8 months: at [15].
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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