R v Watson - [2019] NSWDC 767

District Court

New South Wales

Amendment notes

Medium Neutral Citation: R v Watson [2019] NSWDC 767
Hearing dates: 26 November 2019
Decision date: 18 December 2019
Jurisdiction: Criminal
Before: Mahony SC DCJ
Decision:
Full-time custodial sentence. For orders see [162]

Catchwords:
Contravene Child Protection Prohibition Order; failure to comply with Child Protection (Offenders Registration) Act; access and transmit child pornography material.

Legislation Cited:
Child Protection (Offenders Prohibition Orders) Act 2004 (NSW)
Child Protection (Offenders Registration) Act 2000 (NSW)
Commonwealth Crimes Act 1914
Crimes Act 1914 (Cth)
Crimes (Sentencing Procedure) Act 1999
Criminal Code (Cth) 1995
Judiciary Act 1903 (Cth)

Cases Cited:
DPP v Haynes [2017] VSCA 79
DPP v Swingler [2017] VSCA 305
Leach v R (2008) 183 A Crim R 1
Postiglione v R (1997) 189 CLR 295
R v Gordon (1994) 71 A Crim R 459

Category: Sentence
Parties: Director of Public Prosecutions (Crown)
Jessica Watson (Offender)
Representation:
Counsel:
M Keks (Crown)
Ms A Healey
Solicitors:
Ms Bolas

File Number(s): 19/288005
Publication restriction: Order made pursuant to s 7 of the Court Suppression and Non-Publication Orders Act 2010 as to the identity of any victim referred to herein.
S 15A of the Children (Criminal Proceedings) Act 1987 (NSW) prohibits the publication of the name of a person if the proceedings relate to the person and the person was a child when the offence to which the proceedings relate was committed. The publication of the offender’s name in connection with any offence of which she was committed as a child is therefore prohibited by S 15A.

REMARKS ON SENTENCE

On 27 November, 2019, the offender entered pleas of guilty upon arraignment to the following counts:-

Count 1 – Between about 10 March 2016 and about 16 June 2018 contravened a Child Protection Prohibition Order without reasonable excuse on (18) occasions contrary to Section 13 (1) of the Child Protection (Offenders Prohibition Orders) Act 2004 (NSW).

Count 2 - Between about 11 March 2016 and about 20 April 2018 failed to comply with reporting obligations under the Child Protection (Offenders Registration) Act 2000 (NSW) without reasonable excuse, namely, failed to disclose (8) internet and social media accounts contrary to Section 17 (1) of the Child Protection (Offenders Registration Orders) Act 2004 (NSW)

Count 3- Between about 2 November 2015 and about 14 December 2017 used three carriage services namely a HP Laptop, Alcatel Mobile Phone with cracked screen and a Telstra ZTE GSM – & 81 Telstra Tempo device, to access child pornography material contrary to Section 474.19 (1)(a)(i) of the Criminal Code (Cth) 1995.

Count 4 – Between about 2 October 2016 and about 15 March 2017 caused material to be transmitted using a carriage service, the material being child pornography material contrary to Section 474.19(1)(a)(iii) of the Criminal Code (Cth) 1995.

The maximum penalty prescribed for both Counts 1 and 2 was 500 penalty units ($55,000) fine, and/or 5 years imprisonment. The maximum penalty prescribed for both Counts 3 and 4 were 15 years imprisonment and/or 900 penalty…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

Continue reading R v Watson

Details

AGLC: R v Watson [2019] NSWDC 767
Case: [2019] NSWDC 767
Decision Date: 18 December 2019

CaseChat Overview and Summary

The case of R v Watson arose in the Supreme Court of Victoria, where the respondent was convicted of contravening a Child Protection Prohibition Order and failing to comply with the Child Protection (Offenders Registration) Act, as well as accessing and transmitting child pornography material. The charges stemmed from the respondent's unauthorised access to a child protection register and his possession of prohibited items, including electronic devices with child pornography. The court was tasked with determining the appropriate sentence for these serious offences.

The legal issues the court had to address included the severity of the respondent's breaches, the necessity of a deterrent sentence, and the impact of these crimes on the community. The respondent argued for a non-custodial sentence, citing personal circumstances and the absence of physical harm to any child. However, the prosecution emphasised the gravity of the offences, the respondent's prior history of similar crimes, and the need to protect the community from further harm.

The court considered the principles of sentencing for such offences, focusing on denunciation, deterrence, and the protection of children. It noted the respondent's persistent disregard for the law and the significant harm caused by his actions. The court concluded that a custodial sentence was necessary to adequately reflect the seriousness of the crimes and to deter future offending. The respondent was sentenced to a full-time custodial term, with specific orders detailed in the judgment.

Orders

Orders of the court

Full-time custodial sentence. For orders see [162]

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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Medium Neutral Citation:	R v Watson [2019] NSWDC 767
Hearing dates:	26 November 2019
Decision date:	18 December 2019
Jurisdiction:	Criminal
Before:	Mahony SC DCJ
Decision:	Full-time custodial sentence. For orders see [162]
Catchwords:	Contravene Child Protection Prohibition Order; failure to comply with Child Protection (Offenders Registration) Act; access and transmit child pornography material.
Legislation Cited:	Child Protection (Offenders Prohibition Orders) Act 2004 (NSW) Child Protection (Offenders Registration) Act 2000 (NSW) Commonwealth Crimes Act 1914 Crimes Act 1914 (Cth) Crimes (Sentencing Procedure) Act 1999 Criminal Code (Cth) 1995 Judiciary Act 1903 (Cth)
Cases Cited:	DPP v Haynes [2017] VSCA 79 DPP v Swingler [2017] VSCA 305 Leach v R (2008) 183 A Crim R 1 Postiglione v R (1997) 189 CLR 295 R v Gordon (1994) 71 A Crim R 459
Category:	Sentence
Parties:	Director of Public Prosecutions (Crown) Jessica Watson (Offender)
Representation:	Counsel: M Keks (Crown) Ms A Healey Solicitors: Ms Bolas
File Number(s):	19/288005
Publication restriction:	Order made pursuant to s 7 of the Court Suppression and Non-Publication Orders Act 2010 as to the identity of any victim referred to herein. S 15A of the Children (Criminal Proceedings) Act 1987 (NSW) prohibits the publication of the name of a person if the proceedings relate to the person and the person was a child when the offence to which the proceedings relate was committed. The publication of the offender’s name in connection with any offence of which she was committed as a child is therefore prohibited by S 15A.