Site Logo

Wilson v The Queen [2020] NSWCCA 211

appeal against sentence — using carriage service to transmit child pornographic material contrary to s 474.19(1) Commonwealth Criminal Code — using carriage service to procure person under 16 years of age for sexual activity contrary to s 474.26(1) Commonwealth Criminal Code — additional state offences — original sentence imposed 4 years’ imprisonment with 2 year and 4 months non-parole period — nature and circumstances — s 16A(2)(a) — material transmitted contained conversations and video footage indicating offender was active and willing participant in conduct — offender sentenced solely for transmission of text based conversations which meet definition of child pornography material and is of lesser seriousness than if material involved images of real children — transmission offence towards lower end of relevant scale — offender well understood criminality of behaviour — procurement offending was objectively serious as it involved actual plan to meet which offender by attendance was prepared to carry through — offences are very serious despite offending in Sequence 1 being towards bottom range of offending of that kind — not only was Sequence 2 most serious of offences but it was most serious by far — primary judge had in mind an offence of approximately mid-range — physical condition — s 16A(2)(m) — offender suffered cardiac episode requiring hospitalisation — no specific evidence placed before primary judge as to practical extent of any hardship based on physical condition or placement in prison — general deterrence — s 16A(2)(ja) — sentence imposed must make clear to other persons that these types of offences are abhorrent and those who engage will be met with punishment that reflects community’s attitude to child exploitation — guilty plea — s 16A(2)(g) — 25% given for utilitarian value of guilty plea by primary judge — leave to appeal granted — appeal dismissed
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