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R v Glenn [2020] NSWSC 44

sentence — use of carriage service to access child exploitation material offence contrary to s 474.19(1)(a)(i) of the Commonwealth Criminal Code — additional state offence — additional 3 counts of use of carriage service to access child exploitation material offence contrary to s 474.19(1)(a)(i) of the Commonwealth Criminal Code taken into account per s 16BA — nature and circumstances of the offence — s 16A(2)(a) — whilst majority of files depicting child exploitation material fell for classification with Category 1 and 2 of CETS scale, 371 fell within Category 4 and 8 within Category 5 — clear hundreds of children involved in all this material — each offence constituted serious offending, given large number of images and videos involved, nature of the content, and content of conversations — child abuse material classified at Category 1 or 2 on CETS scale held to be capable of possessing significant gravity — discernible from material is great physical and emotional harm must have been occasioned to the children — having regard to nature and content of material, depravity depicted in sexual activity involving children of very young age constituted pernicious offending — offending not isolated, demonstrated some planning, entrenched and protracted pattern of offending — given context of offending, objective seriousness clearly fell within mid-range for the offence and within the middle of that mid-range — contrition — s 16A(2)(f) — guilty plea — s 16A(2)(g) — sentencing judge accepted offender expressed remorse for offending conduct and expressed remorse for impact that has had on their family and relationships — offender’s early guilty plea taken into account, both as expression of offender’s remorse, and giving effect to a utilitarian discount by way of facilitating the course of justice in the face of a strong Crown case — discount for 25% for utilitarian value of their plea, together with offender’s contrition and remorse for offending conduct — co-operation — s 16A(2)(h) — sentencing judge took into account that offender made admissions during the execution of search warrant to investigating officers — specific deterrence — s 16A(2)(j) — specific deterrence taken into account, as offender must understand serious nature of their offending and the need for them to address their criminogenic needs — general deterrence — s 16A(2)(ja) — general deterrence is of paramount importance in sentencing offences involving assessing child exploitation — character — s 16A(2)(m) — offender is otherwise of good character — that is a factor that does not weigh heavily in sentencing process for child abuse material offences — rehabilitation — s 16A(2)(n) — offender commenced rehabilitation by way of counselling and has made some progress in their rehabilitation — while a matter to be taken into account, must be weighed against general deterrence as a paramount consideration, and denunciation for their callous and predatory crimes — sentence — imposed 2 years’ and 8 months imprisonment with a 1 year 8 month non-parole period — recognisance release order imposed to be realised after period of 1 year and 3 months imprisonment
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