Site Logo

R v Eggleton [2023] NSWDC 11

The offender was sentenced following pleas of guilty to 1 count of possessing or controlling child abuse material obtained or accessed using a carriage service contrary to s 474.22A(1) of the Commonwealth Criminal Code, and 1 count of using a carriage service to solicit child abuse material contrary to s 474.22(1) of the Commonwealth Criminal Code. Additional offences were taken into account pursuant to s 16BA of the Crimes Act 1914 (Cth). Offender also sentenced for state child exploitation and registration offences.

Nature and Circumstances: Offender’s computer had two ‘parts’. The first ‘part’ had 6 images of prepubescent children engaging in sexual acts and posing and 14 images of pubescent children engaged in sexual activity. The second ‘part’ had 28 images containing child abuse material. It is the possession of this material which is the possession or control count. Offender exchanged a message with an unknown person in which they asked that person to send them videos that person might acquire of ‘little girls’ ‘getting used by their dad’. The s 16BA offence involved 60 images of child abuse material accessed by offender. The possession count was somewhere equidistant between the middle and the bottom of the range of objective seriousness; the solicitation count was of less than moderate objective seriousness.

Mental Condition: Offender has abused alcohol since the age of 12, cannabis since the age of 13, and ice since their early twenties. Offender suggested that their offending is related to their ice abuse. However, it is noted that offender has convictions for contact offending against a 6 year old girl which predated their ice use. Offender suffered from PTSD as a result of a violent sexual assault when they were 16 years old. Offender has not, to date, had contact with any mental health professional – although they would now be prepared to engage with a psychologist.

Rehabilitation: According to the sentencing report, the offender is at a high risk of reoffending. Although offender’s prospects for rehabilitation are poor, rehabilitation, nonetheless, is still of some relevance.

Minimum Sentence: Because of offender’s plea of guilty in each case, it is appropriate to reduce the sentences below the 4-year minimum by 25 per cent. However, it would not be appropriate to further reduce the sentence because of any cooperation with law enforcement authorities. In all probability, police would have found the USB stick provided by offender in execution of the warrant and the seriousness of the offending is such that it would not be appropriate to further reduce the sentence over and above the discount for the early plea.

Offender sentenced to 3 years and 9 months imprisonment with a non-parole period of 2 years and 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.

© 2023 The National Judicial College of Australia (NJCA). Powered by

Privacy Policy|Terms and Conditions