R v KB
[2019] ACTSC 136
Citation 1
(Para 1)
…In R v KB [2019] ACTSC 136 ( R v KB ) the offender pleaded guilty to two offences contrary to s 474.19 of the Criminal Code . The maximum penalty at this time was 15 years imprisonment. The offender accessed 490 CPM images, and had communicated with other internet users for the purpose of trading the material. The…
DPP v Dalgliesh (a pseudonym)
[2018] HCA 41
Citation 2
(Para 1)
…e: Hili . Additionally, it should be noted that, as the High Court stated in Director of Public Prosecutions v Dalgliesh (a pseudonym) [2017] HCA 41; 262 CLR 428 at [4] that:…
Director of Public Prosecutions v Dalgliesh (a pseudonym)
[2017] HCA 41
Citation 3
(Para 1)
…ere in each case: Hili . Additionally, it should be noted that, as the High Court stated in Director of Public Prosecutions v Dalgliesh (a pseudonym) [2017] HCA 41; 262 CLR 428 at [4] that:…
R v Sutton
[2017] ACTSC 95
Citation 4
(Para 1)
…In R v Sutton [2017] ACTSC 95 the offender pleaded guilty to one offence of accessing CPM contrary to s 474.19 of the Criminal Code , and one offence of possessing CPM contrary to s 65(1) of the Crimes Act . The maximum penalty for the access offence was 15 years imprisonment. A total of 4,379 images, and 84 video…
R v Arthur
[2017] ACTSC 23
Citation 5
(Para 1)
…and are to be applied when considering the objective seriousness of child pornography offences: see R v Ferguson [2015] ACTSC 363 at [48]; R v Arthur [2017] ACTSC 23 at [17]; R v Major [2016] ACTSC 161 at [25]. In De Leeuw the Court stated that the objective seriousness of the offending is to be determined by refe…
R v Howe
[2017] QCA 7
Citation 6
(Para 1)
…In R v Howe [2017] QCA 7 the offender had been sentenced for four offences of using a carriage service to access and make available child pornography material contrary to s 474.19 of the Criminal Code . The offender was also sentenced for the aggravated offence of making material available on three or more occa…
Zdravkovic v The Queen
[2016] ACTCA 53
Citation 7
(Para 1)
…ences, I must set an appropriate sentence for each offence, then consider questions of accumulation, concurrence and totality: Zdravkovic v The Queen [2016] ACTCA 53 at [64] ( Zdravkovic ). The real question is whether the total sentence is “just and appropriate” to reflect the total criminality: Mill v The Queen…
R v Major
[2016] ACTSC 161
Citation 8
(Para 1)
…ing the objective seriousness of child pornography offences: see R v Ferguson [2015] ACTSC 363 at [48]; R v Arthur [2017] ACTSC 23 at [17]; R v Major [2016] ACTSC 161 at [25]. In De Leeuw the Court stated that the objective seriousness of the offending is to be determined by reference to the following factors (at […
DPP (Cth) v Garside
[2016] VSCA 74
Citation 9
(Para 1)
…st be exercised when assessing the objective gravity of offending by reference to its categorisation: Director of Public Prosecutions (Cth) v Garside [2016] VSCA 74 ( Garside ) at [67] – [71], noting that it should not be assumed that material contained within Category 1 is mild in content. It was submitted that…
R v Honeyman
[2016] ACTSC 2
Citation 10
(Para 1)
…In R v Honeyman [2016] ACTSC 2 the offender pleaded guilty to one offence of accessing CPM contrary to s 474.19 of the Criminal Code , and one offence of possessing CPM contrary to s 65(1) of the Crimes Act . The maximum penalty for the access offence was 15 years imprisonment. A total of 1,290 CPM images were de…
R v Ferguson
[2015] ACTSC 363
Citation 11
(Para 1)
…ve been adopted in this jurisdiction and are to be applied when considering the objective seriousness of child pornography offences: see R v Ferguson [2015] ACTSC 363 at [48]; R v Arthur [2017] ACTSC 23 at [17]; R v Major [2016] ACTSC 161 at [25]. In De Leeuw the Court stated that the objective seriousness of the o…
R v Pham
[2015] HCA 39
Citation 12
(Para 1)
…implicit in Part IB of the Commonwealth Crimes Act that I must have regard to current sentencing practices throughout the Commonwealth: see R v Pham [2015] HCA 39; 256 CLR 550 ( Pham ) at [18]; [23]-[24]. Regard must be had to sentencing decisions of intermediate appellate courts in comparable cases as “yardsti…
R v De Leeuw
[2015] NSWCCA 183
Citation 13
(Para 1)
…The principles set out in R v De Leeuw [2015] NSWCCA 183 ( De Leeuw ) at [72] have been adopted in this jurisdiction and are to be applied when considering the objective seriousness of child pornography offences: see R v Ferguson [2015] ACTSC 363 at [48]; R v Arthur [2017] ACTSC 23 at [17]; R v Major [2016] ACTSC 16…
R v Porte
[2015] NSWCCA 174
Citation 14
(Para 1)
…R v Porte [2015] NSWCCA 174 ( Porte ) at [57] quoted the Explanatory Memorandum with respect to the 2010 amendments to the relevant Commonwealth offences:…
Edwin v The Queen
[2014] ACTCA 47
Citation 15
(Para 1)
…As has been noted in Edwin v The Queen [2014] ACTCA 47 at [11], when sentencing in the context of both Commonwealth and Territory offences, “a sentencing judge must accommodate the two distinct regimes”. Necessarily, the structure of the sentences imposed must accord with these two regimes. It is therefore appropr…
Barbaro v The Queen
[2014] HCA 2
Citation 16
(Para 1)
…mmonwealth Crimes Act , as well as some common law principles of sentencing, including proportionality: see Barbaro v The Queen ; Zirilli v The Queen [2014] HCA 2; 253 CLR 58; Bui v DPP (Cth) [2012] HCA 1; 244 CLR 638.…
R v Meyboom
[2012] ACTCA 48
Citation 17
(Para 1)
…e total sentence is “just and appropriate” to reflect the total criminality: Mill v The Queen (1988) 166 CLR 59 ( Mill v The Queen ); R v Meyboom [2012] ACTCA 48 at [66]; Zdravkovic at [71].…
Bui v Director of Public Prosecutions (Cth)
[2012] HCA 1
Citation 18
(Para 1)
…mmon law principles of sentencing, including proportionality: see Barbaro v The Queen ; Zirilli v The Queen [2014] HCA 2; 253 CLR 58; Bui v DPP (Cth) [2012] HCA 1; 244 CLR 638.…
The Queen v Hancock
[2011] NTCCA 14
Citation 19
(Para 1)
…In The Queen v Hancock [2011] NTCCA 14 the offender was sentenced for three offences contrary to s 474.19 of the Criminal Code , one offence contrary to s 474.22 of the Criminal Code , and three possession of child abuse material offences contrary to s 125B(1) of the Criminal Code Act 1983 (NT). The offender enter…
Hili v The Queen
[2010] HCA 45
Citation 20
(Para 1)
…e cases as “yardsticks” that may serve to illustrate but not define the possible range of sentences available: see Pham at [29]; Hili v The Queen [2010] HCA 45; 242 CLR 520 ( Hili ) at [53]-[54].…
DPP (Cth) v De La Rosa
[2010] NSWCCA 194
Citation 21
(Para 1)
…ily on the offender: see R v Tsiaris [1996] 1 VR 398 at 400; R v Israil [2002] NSWCCA 255 at [26]; Director of Public Prosecutions (Cth) v De La Rosa [2010] NSWCCA 194; 79 NSWLR 1 at [177]; Verdins at [32].…
Minehan v R
[2010] NSWCCA 140
Citation 22
(Para 1)
…In Minehan v The Queen [2010] NSWCCA 140; 201 A Crim R 243 the offender had been sentenced for one offence of using a carriage service to transmit child pornography material contrary to s 474.19 of the Criminal Code , three offences of using a carriage service in an offensive manner contrary to s 474.17 of the Crimi…
DPP v Groube
[2010] VSCA 150
Citation 23
(Para 1)
…In Director of Public Prosecutions (Vic) v Groube [2010] VSCA 150 the offender had pleaded guilty to one offence of accessing and transmitting CPM contrary to s 474.19 of the Criminal Code , and on offence of possessing CPM contrary to s 70 of the Crimes Act 1958 (Vic). The maximum penalty for the s 474.19 offence…
Markovic v The Queen
[2010] VSCA 105
Citation 24
(Para 1)
…In Pantelic v The Queen [2010] VSCA 105; 200 A Crim R 510 the offender had been sentenced for three counts of using a carriage service to access, transmit, and make child pornography material available contrary to s 474.19 of the Criminal Code . At this time the s 474.19 offence carried a maximum penalty of 10 yea…
DPP (Cth) v D'Alessandro
[2010] VSCA 60
Citation 25
(Para 1)
…In Director of Public Prosecutions (Cth) v D’Alessandro [2010] VSCA 60; 26 VR 477 the offender had been sentenced for two counts of accessing and transmitting child pornography material contrary to s 474.19 of the Criminal Code , one offence of possessing material for use through a carriage service, one offence o…
R v Mara
[2009] QCA 208
Citation 26
(Para 1)
…In R v Mara [2009] QCA 208; 196 A Crim R the offender was sentenced for three offences of using a carriage service to access child pornography material contrary to s 474.19 of the Criminal Code , and one offence of indecently treating a child under the age of 16 contrary to s 210(f) of the Criminal Code Act 1899…
James v R
[2009] NSWCCA 62
Citation 27
(Para 1)
…In James v R [2009] NSWCCA 62 the offender had been sentenced for one offence of using a carriage service to access child pornography material contrary to s 474.19 of the Criminal Code , and one offence of possessing material contrary to s 91H(3) of the Crimes Act 1901 (NSW) ( NSW Crimes Act ). At this time the s 4…
R v Verdins
[2007] VSCA 102
Citation 28
(Para 1)
…With respect to the factors elucidated in R v Verdins [2007] VSCA 102; 169 A Crim R 581 ( Verdins ) Dr Furst states:…
R v Gent
[2005] NSWCCA 370
Citation 29
(Para 1)
…cance of quantity lies more in the number of different children who are depicted and thereby victimised, than the volume of material itself: R v Gent [2005] NSWCCA 370; 162 A Crim R 29 at [99]. It was submitted that while it is unclear precisely how many child victims were depicted in the files, each of the children…
Markarian v The Queen
[2005] HCA 25
Citation 30
(Para 1)
…offences. As with every sentencing exercise, careful attention must be paid to the maximum penalty which provides a yardstick: Markarian v The Queen [2005] HCA 25; 228 CLR 357.…
R v Israil
[2002] NSWCCA 255
Citation 31
(Para 1)
…r. Further, I take into account that a custodial sentence will weigh more heavily on the offender: see R v Tsiaris [1996] 1 VR 398 at 400; R v Israil [2002] NSWCCA 255 at [26]; Director of Public Prosecutions (Cth) v De La Rosa [2010] NSWCCA 194; 79 NSWLR 1 at [177]; Verdins at [32].…
R v Jiminez
[1999] NSWCCA 7
Citation 32
(Para 1)
…nt in sentencing the offender. Further, I take into account that a custodial sentence will weigh more heavily on the offender: see R v Tsiaris [1996] 1 VR 398 at 400; R v Israil [2002] NSWCCA 255 at [26]; Director of Public Prosecutions (Cth) v De La Rosa [2010] NSWCCA 194; 79 NSWLR 1 at [177]; Verdins at […
Postiglione v the Queen
[1997] HCA 26
Citation 33
…) 166 CLR 59 Minehan v The Queen [2010] NSWCCA 140; 201 A Crim R 243 Pantelic v The Queen [2010] VSCA 105; 200 A Crim R 510 Postiglione v The Queen (1997) 189 CLR 295 Power v The Queen (1974) 131 CLR 623 R v Arthur [2017] ACTSC 23 R v De Leeuw [2015] NSWCCA 183 R v Ferguson [2015] ACTSC 363 R v Gent [2005] NSWCCA 370…
Bugmy v The Queen
[1990] HCA 18
Citation 34
(Para 1)
…Commonwealth Crimes Act and the principles in Power v The Queen (1974) 131 CLR 623, Deakin v The Queen (1984) 58 ALJR 367, and Bugmy v The Queen (1990) 169 CLR 525: Hili at [44]. These cases require an assessment of the minimum time that justice requires the person to serve having regard to all the circumstances of…
Mill v The Queen
[1988] HCA 70
Citation 35
(Para 1)
…[64] ( Zdravkovic ). The real question is whether the total sentence is “just and appropriate” to reflect the total criminality: Mill v The Queen (1988) 166 CLR 59 ( Mill v The Queen ); R v Meyboom [2012] ACTCA 48 at [66]; Zdravkovic at [71].…
Deakin v The Queen
[1984] HCA 31
Citation 36
(Para 1)
…be determined by reference to Pt 1B of the Commonwealth Crimes Act and the principles in Power v The Queen (1974) 131 CLR 623, Deakin v The Queen (1984) 58 ALJR 367, and Bugmy v The Queen (1990) 169 CLR 525: Hili at [44]. These cases require an assessment of the minimum time that justice requires the person to serve…
Power v The Queen
[1974] HCA 26
Citation 37
(Para 1)
…The minimum term that be served should be determined by reference to Pt 1B of the Commonwealth Crimes Act and the principles in Power v The Queen (1974) 131 CLR 623, Deakin v The Queen (1984) 58 ALJR 367, and Bugmy v The Queen (1990) 169 CLR 525: Hili at [44]. These cases require an assessment of the minimum time tha…