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R v Watson (No 2) [2020] NSWDC 582

resentence — 1 charge of accessing child pornography material contrary to s 474.19(1)(a)(i) Commonwealth Criminal Code — 1 charge of causing child pornographic material to be transmitted using a carriage service contrary to s 474.19(1)(a)(iii) Commonwealth Criminal Code — additional State offences — original global sentence imposed 3 years’ imprisonment to be released on recognisance release order after 1 year and 6 months imprisonment — sentence was appealed to Court of Criminal Appeal and Commonwealth charges were remitted to District Court for resentencing — mental condition — s 16A(2)(m) — offender has mild intellectual disability with symptoms of Borderline Personality Disorder — offender has suffered some deprivation in formative years given disadvantageous and traumatic background — offender’s mental health contributed to offending and offender has limited insight and self-regulation skills — nature and circumstances — s 16A(2)(a) — objective seriousness of offending involved offender accessing child pornography material over period of just over two years — material was accessed on 3 different devices and comprised 1 video and 34 images — while offending was not aberration or isolated incident number of images was not great by comparison to other cases — while it constituted serious offending given small number of images involved it was below mid-range for offence pursuant to that section and in upper part of low range of objective seriousness — that material subject to transmission constituted fantasies of offender is irrelevant to assessment of objective seriousness of offending — objective seriousness fell below mid-range for offence under that section — contrition — s 16A(2)(f) — whilst offender expressed remorse in letter to court and pleaded guilty at early opportunity offender failed to demonstrate insight into offending conduct and acknowledge responsibility for it — specific deterrence — s 16A(2)(j) — specific deterrence does have a role to play as offender must understand that if they engage in similar criminal conduct in the future they will face increasingly lengthy periods of imprisonment — general deterrence — s 16A(2)(ja) — based on offender’s mental health issues and diagnoses together with disadvantageous background offender is not appropriate vehicle for general deterrence — rehabilitation — s 16A(2)(n) — offender has complex medical and psychological background which will require great deal of support to enable any rehabilitation — risk of re-offending difficult to assess — nature of offender’s background and fact of criminal conduct over 2 years suggests there is relatively high risk of offender re-offending in absence of adequate support systems in place — offender re-sentenced to 2 years’ and 3 months imprisonment as offender had already served term of imprisonment longer than sentence imposed no recognisance release order imposed
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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