R v Tippett

[2020] NSWDC 576

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

DPP (Cth) v Walls [2014] VSCA 323

R v Engeln [2014] QCA 313

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

1. 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.

2. 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.

3. 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.

4. 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.

5. He was arrested on 14 June 2018 at his home at Maroubra. On execution of a search warrant child…