Walker v R 5 December 2007

The applicant was sentenced to a total sentence of 14 years imprisonment following his pleas of guilty to two counts of possessing child abuse material, two counts of committing an act of indecency on a person under the age of 16 years whilst outside Australia and two counts of using a carriage service to access child pornography
material. The counts of possessing child abuse material were offences against the Criminal Code (NT) (the Territory offences). The remaining counts were offences against the Crimes Act (Cth) (the Commonwealth offences). The applicant was sentenced to three years and nine months imprisonment in respect of each of the
Territory offences to be served concurrently. The sentences imposed for the Commonwealth offences were made cumulative upon the sentences for the Territory offences. A non-parole period of two years was fixed in respect of the sentences imposed for the Territory offences. A non-parole period of five years commencing at
the expiration of the non-parole period for the Territory offences was fixed in respect of the sentences imposed for the Commonwealth offences.

The proposed grounds of appeal were that:

1. The sentence and sentences were manifestly excessive.

2. The sentencing judge did not make sufficient allowance for the principle of totality in the orders made for concurrency and accumulation. As the bulk of the total sentence was imposed for the Commonwealth offences and as the sentences for the Commonwealth offences were made cumulative upon the
sentences for the Territory offences, it was agreed that the Commonwealth DPP would respond to the application for leave to appeal and appear on behalf of the Territory DPP in and subsequent appeal should leave be granted.

The application was opposed by the Crown.

Leave to appeal was granted on both grounds.

The court heard the appeal on 16 June 2008 and reserved its decision. No decision had been delivered as at 30 June 2008.