R v Yardley

Case [2021] ACTSC 2


SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY

Case Title:

R v Yardley

Citation:

[2021] ACTSC 2

Hearing Date(s):

12 November 2020; 10 December 2020

DecisionDate:

25 January 2021

Before:

Loukas-Karlsson J

Decision:

See [111]

Catchwords:

CRIMINAL LAW – JURISDICTION, PRACTICE AND PROCEDURE – Judgment and Punishment – Sentence – Commonwealth and Territory offences – use carriage service to access, transmit, and solicit child pornography – pleas of guilty – prospects of rehabilitation

Legislation Cited:

Crimes Act 1900 (ACT) s 65

Criminal Code 1995 (Cth) ss 474.17, 474.19, 474.22, 474.24A, 474.27
Crimes Act 1914 (Cth) ss 15, 16, 16A, 19AJ, 19C, 23ZD
Crimes Act 1901 (NSW) s 91H
Crimes Act 1958 (Vic) s 70
Criminal Code Act 1983 (NT) s 125B
Criminal Code Act 1899 (Qld) s 210(f), 288D

Crimes (Sentencing) Act 2005 (ACT) ss 6, 7, 33, 35

Cases Cited:

Barbaro v The Queen; Zirilli v The Queen [2014] HCA 2; 253 CLR 58

Bugmy v The Queen (1990) 169 CLR 525
Bui v DPP (Cth) [2012] HCA 1; 244 CLR 638
Deakin v The Queen (1984) 58 ALJR 367
Director of Public Prosecutions (Cth) v D’Alessandro [2010] VSCA 60; 26 VR 477
Director of Public Prosecutions (Cth) v De La Rosa [2010] NSWCCA 194; 79 NSWLR 1
Director of Public Prosecutions (Cth) v Garside [2016] VSCA 74
Director of Public Prosecutions v Dalgliesh (a pseudonym) [2017] HCA 41; 262 CLR 428
Edwin v The Queen [2014] ACTCA 47
Hili v The Queen [2010] HCA 45; 242 CLR 520
James v R [2009] NSWCCA 62
Markarian v The Queen [2005] HCA 25; 228 CLR 357
Mill v The Queen (1988) 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; 162 A Crim R 29
R v Honeyman [2016] ACTSC 2
R v Howe [2017] QCA 7
R v Israil [2002] NSWCCA 255
R v KB [2019] ACTSC 136
R v Major [2016] ACTSC 161
R v Mara [2009] QCA 208; 196 A Crim R
R v Meyboom [2012] ACTCA 48
R v Pham [2015] HCA 39; 256 CLR 550
R v Porte [2015] NSWCCA 174
R v Sutton [2017] ACTSC 95
R v Tsiaris [1996] 1 VR 398
R v Verdins [2007] VSCA 102; 169 A Crim R 581
The Queen v Hancock [2011] NTCCA 14

Zdravkovic v The Queen [2016] ACTCA 53

Parties:

Commonwealth Director of Public Prosecutions ( Crown)

Ernest Henry Yardley ( Offender)

Representation:

Counsel

B Morrisroe ( Crown)

C Brown ( Offender)

Solicitors

Commonwealth Director of Public Prosecutions ( Crown)

Legal Aid ACT ( Offender)

File Number(s):

SCC 38 of 2020

LOUKAS-KARLSSON…

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R v Yardley [2021] ACTSC 2
Case
[2021] ACTSC 2
Decision Date

CaseChat Overview and Summary

Ernest Yardley pleaded guilty to a series of Commonwealth and ACT child pornography offences, which the Supreme Court of the Australian Capital Territory sentenced him for on 25 January 2021. The court heard evidence from a number of psychiatric experts, and determined that Yardley had good prospects of rehabilitation. In determining sentence, the Court found the objective seriousness of the offending to be significant, given the depravity of the content, the number of images and the length of time over which the offending occurred. The court took into account the subjective circumstances of the offender, in particular his Autism Spectrum Disorder, Tourette's syndrome, and social anxiety disorder, in determining sentence. The Court also took into account the pleas of guilty, and the lack of remorse shown by the offender, in determining sentence. The court sentenced Yardley to imprisonment, with a recognizance release order set to take effect after 15 months imprisonment. The Court also made a forfeiture order in relation to the electronic devices used in the commission of the offences.

Orders

Orders of the court

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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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