A former teacher at a prestigious private school in Sydney has been jailed for at least 14 months for the “callous and predatory” possession of child abuse material.
- Nick Warby told police it was a “blessing in disguise” to be arrested
- The court heard Warby was sexually abused as a child
- Judge Gina O’Rourke accepted that Warby was “remorseful”
NSW District Court Judge Gina O’Rourke said Nick Warby, the former sports director at Knox Grammar, had embraced Christianity, been re-baptised, stopped using drugs and alcohol, and turned his life around.
The judge said Warby, 31, was at low risking of reoffending.
The former teacher was arrested in August 2019 after accidentally leaving his mobile phone at a pool, leading police to search the phone, his car and other possessions.
He told police that he was “relieved” and it was “a blessing in disguise” when he was arrested and charged.
Warby pleaded guilty to possessing more than 3,000 photos and videos stored on five devices, including his phone.
The material included the sexual abuse of prepubescent boys and babies under two.
The maximum sentence for his crimes is 10 years, but he was jailed for 28 months with a non-parole period of 14 months.
The court heard that when Warby was first shown child exploitation material through a man he met on the Grindr app, he claimed to have “lit up”.
Warby said he got the same satisfaction from watching it as he did from using alcohol and the drug ice.
He told doctors that he often “got obliterated on ice and watched child porn”.
It had been previously reported in court that Warby spent $1,500 a week on ice and drank through the day.
Judge O’Rourke said Warby had an “inability to make friends as a child” and seemed to get a “sense of comfort” from watching the child abuse material.
She noted that he had lost his career as a teacher and had been humiliated by media coverage of his crimes.
“I accept he is remorseful,” she said, telling the court that while the sentence needed to reflect the seriousness of his crimes, it also had to “ensure his progress can continue”.
The judge said viewing the material created a market for the exploitation of children.
“Possessing child pornography is a callous and predatory crime,” she said.
The court heard Warby came from a loving family but felt isolated at school, identified as gay from the age of 14, and was sexually abused by several people outside his family as a teenager.
In medical reports prepared for the judge, doctors noted his dependency on the drug ice and alcohol and that he had an “unspecified paraphilic disorder”.