Taylor v The Queen

[2015] TASCCA 7

[2015] TASCCA 7

COURT:        SUPREME COURT OF TASMANIA (COURT OF CRIMINAL APPEAL)

CITATION:                Taylor v The Queen [2015] TASCCA 7

PARTIES:  TAYLOR, Simon Jonathon
  v
  THE QUEEN

FILE NO:  CCA 923/2014
DELIVERED ON:  17 April 2015
DELIVERED AT:  Hobart
HEARING DATE:  5 March 2015
JUDGMENT OF:  Blow CJ, Wood and Pearce JJ

CATCHWORDS:

Criminal Law – Appeal and new trial – Appeal against sentence – Grounds for interference – Sentence manifestly excessive or inadequate – Using carriage service to access child pornography material and possessing child exploitation material.

Aust Dig Criminal Law [3521]

REPRESENTATION:

Counsel:
             Appellant:  K Cuthbertson
             Respondent:  I M Arendt
Solicitors:
             Appellant:  Murdoch Clarke
             Respondent:  Director of Public Prosecutions (Commonwealth)

Judgment Number:  [2015] TASCCA 7
Number of paragraphs:  40

Serial No 7/2015

File No CCA 923/2014

SIMON JONATHON TAYLOR v THE QUEEN

REASONS FOR JUDGMENT  COURT OF CRIMINAL APPEAL

BLOW CJ
WOOD J
PEARCE J
17 April 2015

Order of the Court

Appeal dismissed.

Serial No 7/2015

File No CCA 923/2014

SIMON JONATHON TAYLOR v THE QUEEN

REASONS FOR JUDGMENT  COURT OF CRIMINAL APPEAL

BLOW CJ
17 April 2015

1. I agree that this appeal should be dismissed, for the reasons stated by Pearce J.  Having regard to the circumstances of the crimes in question and the circumstances of the offender, I think it can fairly be said that the penalties imposed by the learned sentencing judge were heavy, but not that they were too heavy.  The appellant used the internet to view child pornography for some 6½ years.  It was estimated that at least 300 different children were depicted in the pornographic images and videos found in his possession.  Some of the material depicted sexual activity between children, and both penetrative and non-penetrative activity between adults and children.  In the circumstances it cannot be said that the penalties imposed, separately or in the aggregate, taking into account the pre-release period in relation to the Commonwealth charge and the parole ineligibility period in relation to the State charge, were manifestly excessive in any respect.

   File No CCA 923/2014

SIMON JONATHON TAYLOR v THE QUEEN

REASONS FOR JUDGMENT  COURT OF CRIMINAL APPEAL

WOOD J
17 April 2015

1. I agree with the reasons of Pearce J, and the additional comments made by Blow CJ.  The appeal should be dismissed.

   File No CCA 923/2014

SIMON JONATHON TAYLOR v THE QUEEN

REASONS FOR JUDGMENT  COURT OF CRIMINAL APPEAL

PEARCE J
17 April 2015

1. The appellant, Simon Taylor, pleaded guilty to three charges concerning child pornography. Two charges are for using a carriage service to access child pornography material contrary to the Criminal Code 1995 (Cth), s 474.19(1). The third charge is for possessing child exploitation material contrary to the Criminal Code (Tas), s 130C. The appellant was sentenced by Estcourt J on 13 October 2014. For the Commonwealth crimes the appellant was sentenced to imprisonment for 15 months. His Honour ordered that the appellant be released after serving eight months of that sentence upon giving…