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District Court 18 July 2025

R v Rebbeck

[2025] NSWDC 268

Sexual offences
CRIME — SENTENCE SENTENCE BESTIALITY MATERIAL

Citation: R v Rebbeck [2025] NSWDC 268
Court: District Court of New South Wales
Date: 18 July 2025
Judge(s): Newlinds SC DCJ

Background

The offender used the encrypted messaging platform Telegram to engage in a series of online communications between November 2022 and February 2024. Over that period, he solicited, accessed, and transmitted child abuse material to multiple unknown individuals, and separately disseminated bestiality material to four people.

He was arrested on 20 February 2024 and had been in custody for approximately 16 months by the time of sentencing. Upon arrest, the offender made full and frank admissions, provided access to his electronic devices, cooperated fully with police, and pleaded guilty at the first available opportunity in the Local Court.

The offender had no relevant criminal history. His prior record was limited to a Conditional Release Order and two fines for possession of prohibited drugs.

  • What aggregate sentence was appropriate for three Commonwealth child abuse material offences under s 474.22(1) of the Criminal Code (Cth), each carrying a maximum of 15 years' imprisonment?
  • What sentence was appropriate for the State offence of disseminating bestiality material under s 547E(1) of the Crimes Act 1900 (NSW), carrying a maximum of 5 years' imprisonment?
  • What discount applied for early guilty pleas and cooperation?
  • Whether a Recognizance Release Order (the Commonwealth equivalent of a parole order) was appropriate, given the presumption of full-time imprisonment for Commonwealth child abuse material offences absent exceptional circumstances?
  • What sentencing principles govern offences involving child abuse material and bestiality material respectively?

Decision

The District Court applied the well-established sentencing framework for child abuse material offences, identifying general deterrence as a significant consideration given the prevalence of such material online, the difficulty of detection, and the need to protect children from ongoing exploitation. The court also emphasised that possession, transmission, and access of this material creates a market for the continued abuse of children, and that such offending is not mitigated by the absence of personal profit.

In relation to the bestiality material offence, the court drew on Chesworth v R [2023] NSWCCA 115, which recognised that assessing objective seriousness for offences against animals involves distinct criteria, including the vulnerability of animals and their incapacity to consent. The Court of Criminal Appeal in that case noted that general deterrence and condemnation loom large for such offending, and that no established sentencing range exists given the rarity of the offence.

For the Commonwealth counts, Newlinds SC DCJ applied a 25 per cent reduction to the indicative sentences for each count to reflect the early guilty pleas. The indicative sentences before aggregation were 18 months for each of Counts 1 and 2, and 3 years for Count 3. After applying the totality principle, the court imposed an aggregate term of 3 years for the three Commonwealth offences. The court was satisfied that a Recognizance Release Order was appropriate, permitting release into the community after 20 months in custody, with the balance served under supervision.

For the State offence of disseminating bestiality material (Count 4), the court imposed a fixed term of 6 months, commencing on the same date as the Commonwealth sentence and running concurrently within that broader term. Multiple electronic devices used in the offending were ordered forfeited to the Commonwealth.

Orders Made

  • Counts 1, 2 and 3 (Commonwealth): Aggregate sentence of 3 years' imprisonment, commencing 20 February 2024 and expiring 19 February 2027 (after a 25% reduction for early guilty pleas).
  • Count 4 (State): Fixed term of 6 months' imprisonment, commencing 20 February 2024 and expiring 19 August 2024 (after a 25% reduction for early guilty plea).
  • Recognizance Release Order: After serving 20 months in custody, the offender is to be released on 19 October 2025 pursuant to s 20(1)(b) of the Crimes Act 1914 (Cth), on a Recognizance Release Order in the sum of $100, for 16 months expiring 19 February 2027, on conditions including:
  • Good behaviour
  • Report to City Community Corrections within 7 days of release
  • Supervision by a probation officer
  • Compliance with reasonable directions of the probation officer
  • Submission to any treatment plan for drug, alcohol, and/or sexual addiction as directed
  • Abstention from illicit drugs
  • No interstate or overseas travel without written permission of the probation officer
  • Forfeiture: The following devices forfeited to the Commonwealth under s 23ZD of the Crimes Act 1914 (Cth):
  • Samsung Smart Phone (X0005184751)
  • Samsung Flip Phone (X0005184753)
  • iPad Tablet (X0005184754)
  • Asus Chromebook Laptop (X0005184755)

Key Takeaways

  • General deterrence is a significant sentencing consideration for child abuse material offences, given the prevalence and difficulty of detecting such conduct online and the ongoing harm to children whose abuse is recorded and distributed.
  • The District Court confirmed that transmitting, accessing, or soliciting child abuse material is not rendered less serious by the absence of financial profit, payment for material, or direct involvement in production.
  • Under the Commonwealth sentencing framework, a presumption of full-time imprisonment applies to child abuse material offences, and a Recognizance Release Order requires a finding of circumstances justifying departure from full-time custody.
  • Sentencing for bestiality material offences involves distinct criteria from those applicable to offences against humans, including the vulnerability and incapacity to consent of animals, and no established sentencing range exists given the rarity of such charges.
  • A 25 per cent discount for early guilty pleas, combined with full cooperation with police from the point of arrest, were significant mitigating factors in the court's assessment of the appropriate sentences across all counts.

Legislation and Cases Referenced

Legislation
- Criminal Code (Cth) s 474.22(1)
- Crimes Act 1914 (Cth) ss 16A, 17A, 20(1)(b), 23ZD
- Crimes Act 1900 (NSW) s 547E(1)
- Crimes (Sentencing and Procedure) Act 1999 (NSW) ss 3A, 5

Cases
- Chesworth v R [2023] NSWCCA 115
- Curle v R [2024] NSWCCA 117
- Lyons v R [2017] NSWCCA 204
- Peters v R [2018] NSWCCA 126
- R v Hutchinson [2018] NSWCCA 152