R v Turnbull

[2025] NSWDC 137

District Court

New South Wales

Medium Neutral Citation:

R v Turnbull [2025] NSWDC 137

Hearing dates:

14 April 2025

Date of orders:

24 April 2025

Decision date:

24 April 2025

Jurisdiction:

Criminal

Before:

Priestley SC DCJ

Decision:

(1)   Of the offenses under s474.22(1) and s474.22A(1), and being sequences 1 and 4, the offender is convicted.

(2)   Noting the indicative sentences after taking into account the schedule matter in relation to sequence 1 and after a 25% discount, the offender is sentenced to an aggregate term of imprisonment of 27 months, to date from 26 December 2024 and expiring on 25 March 2027, to be released after 51 weeks on 18 December 2025 on recognisance of $1 for a period of 18 months (expiring 25 June 2027) with the following conditions:

a. To be of good behaviour

b. Be subject to the supervision of a probation officer appointed in accordance with order; and

c. Obey all reasonable directions of the probation officer; and

d. Not travel interstate or overseas without the written permission of the probation officer; and

e. undertake such treatment or rehabilitation programs that the programs that the probation officer reasonably directs.

3)   Note forfeiture order made in accordance with separate short minute of order.

Catchwords:

CRIME — Child sex offences — Child abuse material — Using carriage service for child pornography material or child abuse material

Legislation Cited:

Commonwealth Criminal Code

Cases Cited:

Bredal [2024] NSWCCA 25

Chantler [2024] NSWDC 164

Nafarette [2022] NSWDC 225

Nasrallah [2021] NSWCCA 207

Pedersen [2021] NSWDC 535

R v Hutchinson [2018] NSWCCA 152

R v TBE [2024] QCA 204

Category:

Sentence

Parties:

Commonwealth Director of Public Prosecutions (Crown)
Corey Andrew Ty Turnbull (Offender)

Representation:

Counsel:
Mr McGuiness for the Crown

Solicitors:
Commonwealth Director of Public Prosecutions for the Crown
Aboriginal Legal Service for the Offender

File Number(s):

2023/00213300

JUDGMENT

Introduction

1. Corey Turnbull, the offender, is to be sentenced in respect of one offence in contravention of section 474.22 (1) of the Commonwealth Criminal Code (CCC), which is the offence of accessing child abuse material using a carriage service (sequence 1, hereafter count 1). He is also to be sentenced for one offence in contravention of section 474.22A(1) CCC of possessing child abuse material in the form of data on a data storage device in circumstances where he had used a carriage service to obtain or access the material (sequence 4, hereafter count 2). There is a further offence under section 474.22A CCC placed on a section 16BA schedule which is to be taken into account when sentencing for the accessing charge (sequence 3, hereafter the Schedule matter). The maximum term of imprisonment for each of these offences is 15 years imprisonment and/or a pecuniary penalty. I take those maximum sentences into account as a legislative guide as to the seriousness of the offence to assist in arriving at the appropriate sentence. In regard to the Schedule matter it is important that the focus remains on the principal offence (count 1) for which…