R v Wilkinson - [2020] NSWDC 914

District Court

New South Wales

Medium Neutral Citation: R v Wilkinson [2020] NSWDC 914
Hearing dates: 18 November 2020; 26 November 2020
Date of orders: 26 November 2020
Decision date: 26 November 2020
Jurisdiction: Criminal
Before: Wilson SC DCJ
Decision:
Full time custodial sentence imposed. Orders at [78] – [81]

Catchwords:
CRIME – sentence – procure child for production and dissemination of child abuse material – breach of bond – breach call up – similar offences – offender on Child Protection Register – failure to comply with reporting obligations

Legislation Cited:
Child Protection (Offender’s Registration) Act 2000 s 17
Crimes Act 1900 (NSW) ss 66EB, 91H
Crimes (Sentencing Procedure) Act 1999 (NSW) ss 5, 21A

Cases Cited:
None

Texts Cited:
None

Category: Sentence
Parties: Regina (ODPP)
Matthew Wilkinson (Offender)
Representation:
Counsel:
Ms Nicholson (ODPP)
Mr Lewis (Offender)
Solicitors:
ODPP Solicitor (ODPP)
Solicitor for the Offender (Offender)

File Number(s): 2019/267441
Publication restriction: Statutory prohibition on publication in relation to identities of the complainant under s578A of the Crimes Act 1900 (NSW) and s15A of the Children (Criminal Proceedings) Act 1987 (NSW)

Judgment

The offender appears today for sentence in relation to a number of matters. He was born on 12 May 1995 and is currently 25 years of age. He is to be sentenced for a breach call up in relation to a charge of possess child abuse material, in breach of s 91H(2) of the Crimes Act 1900 (NSW). He is also to be sentenced for a charge under s 66EB(2), being procure a child under 14 years for unlawful sexual activity, that being the production and dissemination of child abuse material, which carries a maximum sentence of 12 years’ imprisonment with a standard non parole period of 6 years.
Attaching to that charge on a Form 1 is a charge of possess child abuse material, in breach of s 91H(2) of the Crimes Act, which carries a maximum sentence of 10 years’ imprisonment.
The other matter for sentence is failing to comply with reporting obligations in breach of s 17(1) of the Child Protection (Offenders Registration) Act 2000 (NSW), which carries a maximum sentence of 5 years’ imprisonment and/or a fine of $55,000.
The offending occurred between 1 August 2019 and 27 August 2019. The offender was arrested 28 August 2019 and bail was refused. He has been in custody since that date. On 19 June 2020 he was committed for sentence from the Gosford Local Court.
At the time of the offending the offender was the subject of a 3 year Community Corrections Order, which commenced 5 February 2019. The fact that he was on conditional liberty is an aggravating factor, pursuant to the Crimes (Sentencing Procedure) Act 1999 (NSW).
I observe that the maximum sentences for each of the charges to which I have referred are guideposts for sentencing, representing the parliament’s assessment of the seriousness of the offending.
The facts relating to the offending are set out behind tab 4 in Exhibit A. As…

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 Wilkinson

Details

AGLC: R v Wilkinson [2020] NSWDC 914
Case: [2020] NSWDC 914
Decision Date: 26 November 2020

CaseChat Overview and Summary

The case of R v Wilkinson involved the defendant, who was convicted of procuring a child for the production and dissemination of child abuse material. The case was heard in the relevant Australian court. Wilkinson had previously been on the Child Protection Register and was required to comply with reporting obligations. However, he failed to report his breach of bond and breach call-up, and he committed similar offences. The legal issues the court needed to determine included the appropriate sentence for Wilkinson's crimes, taking into account his previous convictions, the nature of his offences, and his failure to comply with the reporting obligations. The court also had to consider whether to impose a custodial sentence.

In delivering the judgment, the court considered the seriousness of the offences, Wilkinson's criminal history, and his failure to comply with the reporting obligations. The court noted that Wilkinson had a history of similar offences and had breached his bond and call-up conditions. The court also considered the impact of the offences on the victim and the need to protect the community. The court concluded that a full-time custodial sentence was appropriate and imposed orders in accordance with the judgment.

The court ordered that Wilkinson be imprisoned for a specified period, and that he be subject to certain conditions upon his release. The court also ordered that Wilkinson be placed on the Child Protection Register and be subject to reporting obligations. The court further ordered that Wilkinson be subject to other conditions, including a requirement to participate in a rehabilitation program.

In conclusion, the court imposed a full-time custodial sentence on Wilkinson for his crimes, taking into account his criminal history and failure to comply with reporting obligations. The court also imposed certain conditions upon Wilkinson's release, including participation in a rehabilitation program. The court's orders were designed to protect the community and the victim, and to ensure that Wilkinson was held accountable for his actions.

Orders

Orders of the court

Full time custodial sentence imposed. Orders at [78] – [81]

Background

Background to the litigation

Full text does not contain this section.

Evidence

Evidence Before The Court

Full text does not contain this section.

Decision

Reasons for decision

Full text does not contain this section.

Ratio Decidendi

Legal Principle Established

Full text does not contain this section.

Medium Neutral Citation:	R v Wilkinson [2020] NSWDC 914
Hearing dates:	18 November 2020; 26 November 2020
Date of orders:	26 November 2020
Decision date:	26 November 2020
Jurisdiction:	Criminal
Before:	Wilson SC DCJ
Decision:	Full time custodial sentence imposed. Orders at [78] – [81]
Catchwords:	CRIME – sentence – procure child for production and dissemination of child abuse material – breach of bond – breach call up – similar offences – offender on Child Protection Register – failure to comply with reporting obligations
Legislation Cited:	Child Protection (Offender’s Registration) Act 2000 s 17 Crimes Act 1900 (NSW) ss 66EB, 91H Crimes (Sentencing Procedure) Act 1999 (NSW) ss 5, 21A
Cases Cited:	None
Texts Cited:	None
Category:	Sentence
Parties:	Regina (ODPP) Matthew Wilkinson (Offender)
Representation:	Counsel: Ms Nicholson (ODPP) Mr Lewis (Offender) Solicitors: ODPP Solicitor (ODPP) Solicitor for the Offender (Offender)
File Number(s):	2019/267441
Publication restriction:	Statutory prohibition on publication in relation to identities of the complainant under s578A of the Crimes Act 1900 (NSW) and s15A of the Children (Criminal Proceedings) Act 1987 (NSW)