R v Hastings Fredrickson (No 1)

District Court

New South Wales

Medium Neutral Citation:	R v Hastings Fredrickson (No 1) [2015] NSWDC 114
Hearing dates:	18 December 2014, 9 February
Date of orders:	09 February 2015
Decision date:	09 February 2015
Jurisdiction:	Criminal
Before:	Judge P Lakatos SC
Decision:	Convicted
Catchwords:	Sentence – 3 counts; use carriage service in a way that a reasonable person would regard as menacing, harassing or offensive – s.474.17(1). Criminal Code (Commonwealth)
Legislation Cited:	Criminal Code (Commonwealth Crimes Act (Commonwealth)
Cases Cited:	R v Previtera [1997] 94 A Crim R 76, Dasreef Pty Ltd v Hawchar [2011] HCA 21. Monis v R (2013)87 ALRF 340, HCA 4 Director of Public Prosecutions v Collins [2006] 1WLR 223, 4 All ER 602 R v Deblaquiere and McDonald [2013]
Category:	Sentence
Parties:	Commonwealth Director of Public Prosecutions Hastings Frederickson
Representation:	Counsel: P W Neil SC J Pappas o/c
File Number(s):	2013/00355326
Publication restriction:	No

JUDGMENT

1. The offender Hastings Fredrickson who was born in 1973 making him 41 years old, has pleaded guilty to three counts contrary to s 474.17 subs (1) of the Criminal Code (Commonwealth). They are that at 2.20am on 6 July 2010 and at 2.02pm on 8 July 2010 and at 12.55am on 26 July 2010, used a carriage service, namely a computer email system, in such a way that reasonable persons would regard that use as being menacing, harassing or offensive. The maximum penalty imposed by the Code is three years imprisonment in respect of each of those counts. It is accepted by both parties that the offender entered his plea of guilty at an early time and accordingly, subject to the strength of the Crown case, has facilitated the course of justice in that regard, that should be taken into account. Furthermore, it is accepted that he has spent no time in custody in relation to each of these matters.

2. The agreed facts of the offences are as follows. In 2010 the offender was employed as a civilian contractor with Thales International, a defence company at HMAS Kuttabul at Garden Island in New South Wales. As part of his employment he was issued with a laptop computer and a company email account. At the same time, he was serving as a member of the Australian Army Reserve, holding the rank of Warrant Officer Class 2 and had been issued with an Australian Defence Force, Defence Restricted Network email account. At the time of the offences, the offender was part of a group of male persons that called themselves the Jedi Council. This was a social group with a rank structure, written orders and a disciplinary system. I interpolate to say that Mr Pappas who appeared for the offender contested that particular latter description, but in my view, not much turns upon it. This group contained at least ten serving members of the Australian Defence Force from the rank of Lance Corporal to Lieutenant Colonel who communicated predominantly via the email accounts which I have specified. The offender emailed…