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R v Warwick [2020] NSWDC 31

sentence — 5 counts of making available, transmitting or accessing child abuse material offences contrary to s 474.19(1) of the Commonwealth Criminal Code, 1 count of committing at least three of the offences under s 474.19 to at least two persons offences contrary to s 474.24A(1) of the Commonwealth Criminal Code — additional state offence — guilty plea — s 16A(2)(g) — pleas are early pleas, demonstrate willingness to facilitate course of justice and reflective of remorse — reduction of 25% to each sentence to reflect the pleas — nature and circumstances of the offence — s 16A(2)(a) — offences are of varying objective seriousness — no commercial gain and offender did not create any material — shared or was prepared to share images in various ways — one count of offending is most serious based on period of time, circumstances of continued offending after accounts were closed, number and nature of the images — this offence falls mid-range of objective seriousness — other counts fall below mid-range for offence, with one being an attempt offence — fact that offender viewed child abuse material and derived sexual arousal does reflect some paedophilic tendencies even if not amounting to meeting a psychiatric disorder — offender’s description of comments as ‘light-hearted’ was confronting and reflected some failure to grasp full impact of conduct — sentencing judge accepted offender initially exposed to material through targeted suggestions from other usage, driven by their addictive personality — offender understood what they were doing was clearly wrong and not driven by sexual urges — particularly disturbing offender prepared to make available images that could be accessed beyond like-minded persons —  demonstrated lack of subterfuge and facilitated ready detection however must be assessed against offender’s stated aim of seeking favourable responses and popularity — not a victimless crime — contrition — s 16A(2)(f)(ii) — rehabilitation —  s 16A(2)(n) —  genuine remorse and insight into impact of offending, offender taken full responsibility for conduct and has commenced treatment although not necessarily targeted to root of offending — evidently a sexual deviancy that has not been addressed — although offender aroused by some material they were more driven at time of offending at ascertaining public response to material they disseminated — offender said no compulsion to access child abuse material now that they understood damage caused to victims — prospects of rehabilitation and likelihood of re-offending are positive — general deterrence — s 16A(2)(ja) — general deterrence and denunciation paramount sentencing consideration in offences of child abuse material, committed in private, difficult to detect and are increasingly prevalent — none of offender’s mental health issues lessen significance of general deterrence — mental condition — s 16A(2)(m) — offender’s depression, anxiety, ADHD and issues with addictive conduct serve to only modestly ameliorate moral culpability — accept that conditions in custody may be slightly more onerous because of their mental health issues, however also note apparent resilience as evidenced in witness box — offender’s family and dependants — s 16A(2)(p) — likely impact on family taken into account — wife financially dependent on his income, she may need to return to her birth country for financial reasons if offender unable to support her — real concerns but no greater than often encountered — sentence — imposed 3 years’ and 4 months imprisonment with a 1 year and 9 month non-parole period
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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