William Paul Bellew v Kyle WILLIAMS

[2010] ACTSC 102

WILLIAM PAUL BELLEW v KYLE WILLIAMS [2010] ACTSC 102 (18 August 2010)

EX TEMPORE JUDGMENT

ON APPEAL FROM THE MAGISTRATES COURT OF THE AUSTRALIAN CAPITAL TERRITORY

No. SCA 5 of 2010

Judge:  Nield A/J
Supreme Court of the ACT
Date:   18 August 2010

IN THE SUPREME COURT OF THE     )
  )          No. SCA 5 of  2010
AUSTRALIAN CAPITAL TERRITORY           )

ON APPEAL FROM THE MAGISTRATES COURT OF THE AUSTRALIAN CAPITAL TERRITORY

BETWEEN:WILLIAM PAUL BELLEW

Appellant

AND:             KYLE WILLIAMS
  Respondent

ORDER

Judge:  Nield A/J
Date:  18 August 2010 
Place:  Canberra

THE COURT ORDERS THAT:

1. The appeal is allowed.

2. The conviction and orders of the sentencing magistrate are confirmed.

1. As to the offence of use carriage service for child pornography material.  I allow the appeal.  I confirm the conviction and sentence of imprisonment for six months.  I order that the appellant be released under s 20 (1) (b) of the Commonwealth Crimes Act forthwith, without surety, on entering into a recognizance to be of good behaviour for 12 months from today.

1. As to the offence of intentionally possessing child pornography material.  I allow the appeal.  I confirm the conviction and  sentence of imprisonment for six months.  I order that execution of the sentence be suspended for 12 months on the appellant entering into a bond to be of good behaviour for 12 months from today.

I certify that the preceding two (2) numbered paragraphs are a true copy of the Reasons for Judgment herein of his Honour, Acting Justice Nield.

Associate: I Fernandez

Date:   8 September 2010

Counsel for the appellant:  Mr J Sabharwal
Solicitor for the appellant:  Maurice Blackburn Lawyers
Counsel for the respondent:  Ms K Haigh
Solicitor for the respondent:  Commonwealth Director of Public Prosecutions
Date of hearing:  18 August 2010   
Date of judgment:  18 August 2010