R v West

[2023] NSWDC 614

District Court

New South Wales

Medium Neutral Citation:

R v West [2023] NSWDC 614

Hearing dates:

11/8/23, 18/8/23

Date of orders:

18/9/23

Decision date:

18 September 2023

Jurisdiction:

Criminal

Before:

Bourke SC DCJ

Decision:

For the Commonwealth offences, I impose an aggregate head sentence of 3 years imprisonment (30/9/21-29/9/24). I decline to set a Recognisance Release Order as the offender will remain in custody by reason of the sentence imposed for the State offences.

The indicative sentences are (25 percent discount taken into account)

Seq 1 (Possess child abuse material) – 2 years 3 months

Seq 7 (Access child abuse material) – 1 year 6 months

Seq 9 (Transmit child abuse material) – 1 year 6 months

Seq 16 (Transmit child abuse material) – 1 year 7 months

For the State offences, I impose an aggregate term of imprisonment of 7 years 9 months (30/9/22-29/6/30) with a NPP of 5 years 4 months (30/9/22-29/1/28). I find special circumstances.

The indicative sentences are:

Seq 8-14 (Sexual intercourse with child under 10 years) – 3 years 9 months with NPP 2 years 8 months (50 percent discount taken into account).

Seq 15 (Incite child under 10 to do sexual act) – 9 months (50 percent discount taken into account)

Seq 11 (Use child to produce child abuse material) – 1 year 6 months with NPP 13 months (25 percent discount taken into account)

Seq 12 (Use child to produce child abuse material) – 1 year 8 months with NPP 14 months (25 percent discount taken into account)

Seq 15 (Use child to produce child abuse material) – 1 year 7 months with NPP 14 months (25 percent discount taken into account).

Therefore, the total effective head sentence is 8 years 9 months (30/9/21-29/6/30) and the total effective non-parole period is 6 years 4 months (30/9/21-29/1/28).

Catchwords:

Crime – Sentence – State and Commonwealth offences - Sexual intercourse with child under 10 years – Use child under the age of 14 years to produce child abuse material – Possess child abuse material obtained using a carriage service – Use carriage service to access child abuse material – Use carriage service to transmit child abuse material

Legislation Cited:

Crimes Act 1900

Crimes Act 1914

Crimes (Sentencing Procedure) Act 1999

Cases Cited:

Bugmy v The Queen (2013) 302 ALR 192

Commonwealth Director of Public Prosecutions v De La Rosa [2010] NSWCCA 194

DPP v Burton [2020] NSWCCA 54

R v Hutchinson [2018] NSWCCA 152

Category:

Sentence

Parties:

NSW DPP – Crown
Zack West - Offender

Representation:

Ms J Kelton for Crown
Ms B Epstein for Offender

File Number(s):

21/279011
22/73106

Publication restriction:

Statutory non-publication of the identities of the victims

remarks on sentence

1. The offender, Mr Zack West, is for sentence in relation to a number of offences. Firstly, some State offences, those being 7 counts under s 66A of the Crimes Act 1900, being offences of sexual intercourse with a child under the age of ten, sequences 8 through to 14. The maximum…