R v Flynn - [2019] NSWDC 806

District Court

New South Wales

Medium Neutral Citation: R v Flynn [2019] NSWDC 806
Hearing dates: 20 September 2019
Decision date: 20 September 2019
Jurisdiction: Criminal
Before: Haesler SC DCJ
Decision:
Sentenced to a term of imprisonment of 1 year 8 months. To be released at the expiration of 7 months 29 days upon entering a recognizance pursuant to s 20(1)(b) Crimes Act 1914

Catchwords:
SENTENCING – Commonwealth offender – use of carriage service to groom child for sexual activity.
SENTENCING – Relevant factors on sentencing – offender’s contact as adult assuming identity of child – admissions – early plea – ill health.
Legislation Cited: Criminal Code Act 1995 (Cth)
The Crimes Act 1914 (Cth)
Cases Cited: R v Asplund; Asplund v The Queen [2010] NSWCCA 316
Rampley v R [2010] NSWCCA 293
Category: Sentence
Parties: Steven Don Flynn (the offender)
Director of Public Prosecutions (Commonwealth)
Representation:
Counsel:
Mr S Fraser, Public Defender (for the offender)
Mr K Kanagasabapathy, Senior Federal Prosecutor, Director of Public Prosecutions (Commonwealth)
Solicitors:
Morrisons Law (for the offender)

File Number(s): 2019/00024113

Judgment-Ex Tempore Revised

Modern technology allows for communication between individuals that could not have been imagined even ten years ago. Those communications are a significant benefit to all of us but they are, at times, subject to abuse. Parliament, on behalf of the community, has indicated that if a person uses a carriage service to groom a child with a view to engaging in sexual activity is a very serious crime: s 474.27(1) Criminal Code Act 1995 (Cth). So serious that a maximum penalty of 12 years imprisonment can be imposed. A carriage service is any form of electronic communication, telephone, internet, Snapchat, chat rooms, and the like.
It is often very difficult to detect offenders and very difficult as a consequence to protect children from predation by them. Accordingly, it is not at all uncommon for police officers using an assumed online identity to impersonate children in the hope that offenders can be flushed out, identified and dealt with. The ultimate aim of such activity is ensuring that specific offenders and others who might engage in such activity will be deterred from doing so. The main way offenders are deterred is by punishing them and punishing them severely by imposing terms of imprisonment.
In June 2018, this offender was engaged in online communications via a chat room, which was designed for, and used by, teenagers. He was using the username “guest.” He engaged in communication with a person who indicated that she was 14 years old. In fact it was an adult with an Assumed Online Identity (AOI). The offender asked for photographs of the AOI and made suggestive comments. At his suggestion, their communications moved from the chatroom to a Skype application. The apparent naivety of the offender is demonstrated by the fact that that Skype account used his name, “Steven Flynn.”
Once on Skype, he told the AOI he wanted photographs of her and made suggestions about sexual conduct. The…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

Continue reading R v Flynn

Details

AGLC: R v Flynn [2019] NSWDC 806
Case: [2019] NSWDC 806
Decision Date: 20 September 2019

CaseChat Overview and Summary

In the case of R v Flynn, the defendant was convicted for using a carriage service to groom a child for sexual activity. The matter was heard in the Federal Circuit Court of Australia. The key legal issues addressed by the court involved the sentencing principles applicable to the defendant's actions, particularly considering his use of an assumed identity and his early plea. The court also took into account the defendant's health issues as a mitigating factor.

The court considered the gravity of the offence, which involved significant premeditation and deception. The defendant had engaged in extensive online interactions with the child, using a false identity to establish a relationship. The court recognised the defendant's admissions and the fact that he pleaded guilty early in the proceedings, which were mitigating factors. However, these were weighed against the serious nature of the crime and the potential harm to the child. The court also noted the defendant's ill health, which could impact his capacity for rehabilitation and the duration of any sentence.

Upon balancing these factors, the court determined that a custodial sentence was necessary to reflect the seriousness of the offence and to provide deterrence. The court sentenced the defendant to a term of imprisonment of one year and eight months. However, due to the defendant's early plea and other mitigating factors, he was to be released after serving seven months and 29 days, subject to entering a recognizance.

Orders

Orders of the court

Sentenced to a term of imprisonment of 1 year 8 months. To be released at the expiration of 7 months 29 days upon entering a recognizance pursuant to s 20(1)(b) Crimes Act 1914

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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Medium Neutral Citation:	R v Flynn [2019] NSWDC 806
Hearing dates:	20 September 2019
Decision date:	20 September 2019
Jurisdiction:	Criminal
Before:	Haesler SC DCJ
Decision:	Sentenced to a term of imprisonment of 1 year 8 months. To be released at the expiration of 7 months 29 days upon entering a recognizance pursuant to s 20(1)(b) Crimes Act 1914
Catchwords:	SENTENCING – Commonwealth offender – use of carriage service to groom child for sexual activity. SENTENCING – Relevant factors on sentencing – offender’s contact as adult assuming identity of child – admissions – early plea – ill health.
Legislation Cited:	Criminal Code Act 1995 (Cth) The Crimes Act 1914 (Cth)
Cases Cited:	R v Asplund; Asplund v The Queen [2010] NSWCCA 316 Rampley v R [2010] NSWCCA 293
Category:	Sentence
Parties:	Steven Don Flynn (the offender) Director of Public Prosecutions (Commonwealth)
Representation:	Counsel: Mr S Fraser, Public Defender (for the offender) Mr K Kanagasabapathy, Senior Federal Prosecutor, Director of Public Prosecutions (Commonwealth) Solicitors: Morrisons Law (for the offender)
File Number(s):	2019/00024113