R v Hastings Fredrickson (No 2)

[2015] NSWDC 115

District Court

New South Wales

Medium Neutral Citation:	R v Hastings Fredrickson (No 2) [2015] NSWDC 115
Hearing dates:	18 December 2014, 9 February and 27 March 2015
Date of orders:	27 March 2015
Decision date:	27 March 2015
Jurisdiction:	Criminal
Before:	Judge P Lakatos SC
Decision:	Convicted,
Catchwords:	Sentence – 3 counts; use carriage service in a way that reasonable person would regard as menacing, harassing or offensive – s.474.17(1). Criminal Code (Commonwealth)
Legislation Cited:	Criminal Code (Commonwealth Crimes Act (Commonwealth)
Category:	Sentence
Parties:	Commonwealth Director of Public Prosecutions Hastings Fredrickson
Representation:	J W Catsanos o/c P Woodhouse (solicitor)
File Number(s):	2013/00355326
Publication restriction:	No

Judgment

1. On the previous occasion, which was 9 February 2015, I convicted the offender and sentenced him to 15 months imprisonment in relation to each of the counts to which he pleaded guilty. I referred him for assessment for suitability for an intensive correction order, and I am informed by a report that that manner of disposition is not available given that the offender resides in the Australian Capital Territory.

2. Accordingly, I propose that these orders now result from the extensive reasons I gave earlier. Firstly, I confirm that I convicted the offender and sentenced him to 15 months imprisonment in respect of each offence.

3. Mr Fredrickson, pursuant to s 20 (1)(b) I direct that you be released upon giving security of $2,000 without security by recognisance that you will comply with the following conditions:

1. That you be of good behaviour for the period of the sentence, that is 15 months from today’s date.

2. That you will during the period of the sentence be the subject of supervision of the probation officer appointed in accordance with this order and obey all reasonable directions of that probation officer, and

3. That you provide access to your personal computer to that probation officer when the latter reasonably requests that to occur to ensure that there is no relapse into this kind of behaviour. As is required by s 20(4) you will be provided with a written copy of this order before leaving this complex.

4. You should know as well that if you breach the conditions that I have imposed upon you, you will be brought before this court, and if the court is satisfied that there is no reasonable cause or excuse for your failure to comply, I can impose a number of the sentences which are specified in s 20A(5)(c) which range from taking no action to ordering that you be imprisoned for part of the sentence which has not been expired. You need to understand that, if you breach the conditions you are at risk of going to gaol full time.

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Decision last updated: 03 July 2015