R v Hicks (No 2)

Case

[2015] NSWDC 384

10 July 2015


Details
AGLC Case Decision Date
R v Hicks (No 2) [2015] NSWDC 384 [2015] NSWDC 384 10 July 2015

CaseChat Overview and Summary

In the case of R v Hicks, the respondent was convicted of using a carriage service to groom a person under the age of 16, using a carriage service to transmit an indecent communication, and possessing child abuse material. The matter was heard in the Supreme Court of Queensland. The respondent was sentenced on each matter to imprisonment for a period of 2 years, to be served by way of an Intensive Corrections Order. The court found that the offences were serious and involved the exploitation of a child. The respondent's offending was premeditated and involved a significant breach of trust. The court considered the respondent's guilty plea and the fact that he had no prior convictions as mitigating factors. However, the court found that the seriousness of the offending required a custodial sentence. The court ordered that the sentences be served by way of an Intensive Corrections Order, which is a program designed to address the underlying factors that contributed to the offending behaviour. The court considered this to be an appropriate sentence given the respondent's offending and the need to protect the community.
Details

Areas of Law

  • Criminal Law

Legal Concepts

  • Sentence

  • Possess child abuse material

  • Use a carriage service to groom a person under the age of 16

  • Use a carriage service to transmit an indecent communication

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