R v Molnar [2026] NSWCCA 148

R v Molnar [2026] NSWCCA 148 concerns a Crown appeal against an 18-month intensive correction order imposed for possessing child abuse material obtained using a carriage service, with a further accessing offence taken into account. The key issue was whether that sentencing option was legally available for the federal offence. Although the federal provision was not expressly listed among offences barring such orders, Molnar’s conduct necessarily constituted the corresponding NSW offence under s 91H of the Crimes Act 1900, for which an intensive correction order was prohibited. The Court accepted Molnar’s concession, allowed the appeal, quashed the sentence and remitted the matter to the District Court for sentence.