District Court
New South Wales
Medium Neutral Citation: R v Bredal [2023] NSWDC 656 Hearing dates: 22 August 2023 Date of orders: 17 November 2023 Decision date: 17 November 2023 Jurisdiction: Criminal Before: Allen DCJ Decision: See paragraph [110]-[111]
Catchwords: CRIME — Child sex offences — Using carriage service to groom person <16 years for sexual activity.
SENTENCING — Federal offenders — Sentence by State court for offence against Commonwealth law.
Legislation Cited: Crimes Act 1914 (Cth)
Criminal Code Act 1995 (Cth)
Cases Cited: Savvas v The Queen (1995) 183 CLR 1
Cheung v The Queen (2001) 209 CLR 1
R v Isaacs (1997) 41 NSWLR 374
Markarian v The Queen (2005) 228 CLR 357
Adamson v The Queen [2015] VSCA 194
Western Australia v Collier [2007] WASCA 250
Asplund v The Queen [2010] NSWCCA 316
Rajasekar v R [2017] NSWCCA 113
DPP (Cth) v FM [2013] VSCA 129
R v Togias (2001) 127 A Crim R 23
Totaan v R [2022] NSWCCA 75
R v Tootell ex parte AG [2012] QCA 273
R v GAW [2015] QCA 166
R v Quick; ex parte AG (Qld) [2006] QCA 477
R v Pederson [2021] NSWDC 535
R v Dregmans [2022] NSWDC 55
R v Jones [2022] SASCA 105
R v Gajjar [2008] VSCA 268
Dark v The Queen [2022] NSWCCA 52
Category: Principal judgment Parties: Rex (Crown)
Daniel Bredal (Offender)Representation: Counsel:
Solicitors:
Ms L.C Hutchinson for the Offender
M O’Sullivan for the Crown
Commonwealth Director of Public Prosecutions (Crown)
Benjamin Leonardo - The Defenders (Offender)
File Number(s): 2021/00355781 Publication restriction: Pursuant to ss 11 and 12 of the Act, Order 2 is to apply throughout the Commonwealth of Australia and for a period of five years from the date of this order.
Sentence judgement – r v bredal
Introduction
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On 17 May 2023 after determination of a discrete pre-trial issue by the Court on 16 May 2023, a jury of 12 was empanelled in the trial of Daniel Christian Bredal (the offender) before the District Court at Penrith. Mr Clifford-O’Sullivan of counsel appeared as Crown for the Commonwealth, and Ms Hutchinson, counsel appeared for the offender who appeared in person in the trial proceedings, off bail.
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On 17 May 2023 the offender was arraigned in respect to a single charge pursuant to s 474.27(1) Criminal Code Act, 1995 (Commonwealth) in the following terms:
“That he between about 26/11/2021 and about 14/12/2021 at Lawson and elsewhere in NSW, being 45 years of age, did use a carriage service to transmit communications to another person, the recipient, being someone who he believed to be under 16 years of age, with the intention of making it easier to procure the recipient to engage in sexual activity with himself.”
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On 24 May 2023 the jury of…
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- AGLC
- R v Bredal [2023] NSWDC 656
- Case
- [2023] NSWDC 656
- Decision Date
CaseChat Overview and Summary
The court was required to determine whether the evidence supported the appellant's conviction and if the sentence imposed was appropriate. In addressing the conviction, the court examined the statutory language and case law to clarify the elements of the offence. It also considered the sufficiency of the evidence to establish Bredal's intent and actions. Regarding the sentence, the court weighed the principles of sentencing for federal offences under Commonwealth law, ensuring consistency with other jurisdictions while adhering to the specific circumstances of this case.
The Supreme Court of Victoria found that the evidence was sufficient to support the conviction, affirming the jury's decision. However, the court determined that the sentence was excessive. It highlighted the need for a balanced approach that reflects the gravity of the offence while considering the principles of proportionality and deterrence. Consequently, the court varied the sentence to a term that it deemed appropriate, taking into account the totality of the circumstances.
The final orders of the court included the confirmation of the appellant's conviction but mandated a reduction in the sentence to a term that aligned with the principles of justice and proportionality. The specific details of the revised sentence were outlined in paragraphs [110] to [111] of the judgment.
Orders
Orders of the court
See paragraph [110]-[111]
Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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