Wilson v R (Cth)

Case [2020] NSWCCA 211


Court of Criminal Appeal


Supreme Court


New South Wales

Medium Neutral Citation: Wilson v R (Cth) [2020] NSWCCA 211
Hearing dates: 23 July 2020
Decision date: 26 August 2020
Before: Hoeben CJ at CL at [1];
Johnson J at [99];
Lonergan J at [100]
Decision:

(1)   Leave to appeal against sentence granted.

(2)   The appeal is dismissed.

Catchwords:

CRIMINAL LAW – sentence appeal – offences of using a carriage service to transmit child pornographic material and to procure a person under 16 years of age for sexual activity – one offence of possess child abuse material – sentence of 4 years with non-parole period of 2 years and 4 months – whether sentence manifestly excessive – whether error in assessment of objective seriousness – limitations on use of comparable cases to establish manifest excess – no error in assessment of objective seriousness – appeal dismissed.

Legislation Cited:

Crimes Act 1914 (Cth) – Pt 1B, s 16A

Crimes Act 1900 (NSW) – s 91H(2)

Crimes (Sentencing Procedure) Act 1999 (NSW) – Pt 3

Criminal Code Act 1995 (Cth) – s 474.19(1), s 474.26(1)

Cases Cited: Barbaro v The Queen (2014) 253 CLR 58; [2014] HCA 2
Clarke-Jeffries v R [2019] NSWCCA 56
Director of Public Prosecutions v Dalgliesh (a pseudonym) (2017) 262 CLR 428; [2017] HCA 41
Director of Public Prosecutions (Cth) v De La Rosa (2010) 79 NSWLR 1, [2010] NSWCCA 194
Director of Public Prosecutions (Cth) v Zarb (2014) 46 VR 832; [2014] VSCA 347
Hili v The Queen; Jones v The Queen (2010) 242 CLR 520; [2010] HCA 45
Kenworthy v The Queen (No. 2) [2016] WASCA 207
Lyons v R [2017] NSWCCA 204
Lyons v The Queen [2019] VSCA 242
Moore v R [2018] NSWCCA 26
Muldrock v The Queen (2011) 244 CLR 120; [2011] HCA 39
Ngati v R [2018] NSWCCA 32
Nguyen v The Queen (2016) 256 CLR 656; [2016] HCA 17
Obeid v R (2017) 96 NSWLR 155; [2017] NSWCCA 221
Putland v The Queen (2004) 218 CLR 174; [2004] HCA 8
R v Asplund; Asplund v R (2010) 216 A Crim R 48; [2010] NSWCCA 316
R v Fuller [2010] NSWCCA 192
R v Pham (2015) 256 CLR 550; [2015] HCA 39
R (Cth) v Poynder (2007) 171 A Crim R 544; [2007] NSWCCA 157
Rampley v R [2010] NSWCCA 293
Sponberg v R [2017] NSWCCA 120
The Queen v Gajjar (2008) 192 A Crim R 76; [2008] VSCA 268
Vandeventer v R [2013] NSWCCA 33
Category:Principal judgment
Parties: Jeffrey Paul Wilson – Applicant
Regina (Cth) – Respondent Crown
Representation:

Counsel:
A Moutasallem – Applicant
S Callan/A Oakes – Respondent Crown

Solicitors:
T & S Law Firm – Applicant
Commonwealth Director of Public Prosecutions – Respondent Crown
File Number(s): 2018/340881
 Decision under appeal 
Court or tribunal:
District Court of NSW
Jurisdiction:
Criminal
Date of Decision:
8 November 2019
Before:
Beckett DCJ
File Number(s):
2018/340881

JUDGMENT

  1. HOEBEN CJ at CL:

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AGLC
Wilson v R (Cth) [2020] NSWCCA 211
Case
[2020] NSWCCA 211
Decision Date

CaseChat Overview and Summary

In the case of Wilson v R (Cth), the appellant was convicted for multiple serious offences involving child abuse material and activities. The appellant was found guilty of using a carriage service to transmit child pornographic material, procuring a person under 16 years of age for sexual activity, and possessing child abuse material. The primary issue before the court was whether the sentence imposed by the trial judge was manifestly excessive. The appellant contested the sentence on the basis that it was disproportionately harsh, and that the trial judge had erred in assessing the objective seriousness of the offences.

The court examined whether the trial judge made any errors in assessing the objective seriousness of the offences, which would render the sentence manifestly excessive. The court noted the limitations on using comparable cases to establish manifest excess, as the unique facts and circumstances of each case must be considered. In this instance, the court found no error in the trial judge’s assessment of the objective seriousness of the offences. The court also considered the appellant's culpability, the nature and circumstances of the offending, and the need for deterrence and denunciation. The court found that the sentence imposed was not manifestly excessive, taking into account all relevant factors.

As a result, the appeal was dismissed, and the original sentence of four years with a non-parole period of two years and four months was upheld. The court found that the sentence was appropriate given the nature and circumstances of the offences, and that there was no error in the trial judge’s assessment of the objective seriousness of the offending. The appellant’s appeal was accordingly dismissed, and the original sentence was confirmed.

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