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 Peters v The Queen [2018] NSWCCA 126

appeal against sentence — using carriage service to access child exploitation material offence contrary to s 474.19(1)(a)(i) of Commonwealth Criminal Code — state offence — original sentence imposed 2 years’ imprisonment with recognizance release order after 9 months for Commonwealth offence — guilty plea — s 16A(2)(g) — clear differentiation in sentencing judge’s treatment of guilty pleas to State and Commonwealth offences makes plain that did not take into account utilitarian value of guilty plea for Commonwealth offence — referred to plea being “entered in the face of a strong Crown case” — relevant to subjective factor of degree to which offender willingly facilitated course of justice rather than to objective utilitarian value of plea — applying law as then understood — utilitarian value of pleas to each offence identical — reflecting utilitarian value of plea to Commonwealth offence would allow 25 per cent — totality — sentencing judge indicated during the course of submissions that minded to make more than minimal but something less than complete accumulation — in result accumulation was complete with sentence for Commonwealth offence commencing upon expiration of non-parole period for State offence — no error in judge considering that further period of custody should be required in respect of State offence — error in judge saying intended partial accumulation but imposing total accumulation — objective seriousness — evidence as to which files accessed referred to immediately after stated assessment of objective seriousness of offences — could not prove which files offender had viewed — for example no evidence viewed any of Category 5 material, corollary no evidence not viewed material in that category — 100 files found on offender’s computer thus Commonwealth offence related to only 576 rather than whole 676 files — matters raised do not warrant criticism of sentencing judge’s assessment of objective seriousness of offences as below-midrange but not at bottom of range — appeal allowed — offender resentenced to 1 years’ and 10 months imprisonment with recognizance release order after 9 months
The CSD acknowledges Aboriginal and Torres Strait Islander peoples as First Australians and recognises their culture, history, diversity and their deep connection to the land. We acknowledge that we are on the land of the traditional owners and pay respects to Elders past and present.

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