District Court
New South Wales
- Amendment notes
Medium Neutral Citation: R v Jones [2023] NSWDC 657 Hearing dates: 1 September 2023 Date of orders: 6 December 2023 Decision date: 06 December 2023 Jurisdiction: Criminal Before: Allen DCJ Decision: See paragraph [101]-[102]
Catchwords: CRIME — Child sex offences — Using carriage service to groom person <16 years for sexual activity
Legislation Cited: Criminal Code Act 1995 (Cth)
Crimes Act 1914 (Cth)
Cases Cited: Cheung v The Queen (2001) 209 CLR 1
Savvas v The Queen (1995) 183 CLR 1
R v Asplund (2010) A Crim R 48
Tector v The Queen (2008) 186 A Crim R 133
DPP (Cth) v FM [2013] VSCA 129
Texts Cited: Nil
Category: Principal judgment Parties: Rex (CDPP)
Luke Christopher Jones (offender)Representation: Counsel:
Solicitors:
Mr E Ozen SC (offender)
Ms S Climo (CDPP)
Commonwealth Director of Public Prosecutions
Benjamin Leonardo The Offenders
File Number(s): 2022/00039850
SENTENCE JUDGEMENT – R V JONES
Introduction
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Luke Cristopher Jones (the offender) was born on 7 March 1984. He is now 39 years old. At the time of the offence, he was 37.
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On 28 March 2023 the offender pleaded not guilty when arraigned on the following charges:
That he on or about 30 July 2021 at Glenmore Park and elsewhere in the State of NSW, being 37 years of age, did use a carriage service to transmit communications to the recipient, being someone 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 him.
That he on or about 21 December2021 at Glenmore Park and elsewhere in the State of NSW, being 37 years of age, did use a carriage service to transmit communications to the recipient, being someone he believed to be under the age of 16 years, which included material that was indecent.
That he on or about 2 February 2022 and about 7 February 2022 at Glenmore Park and elsewhere in the State of NSW, being 37 years of age, did use a carriage service to transmit communications to the recipient, being someone 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 him.
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The first and third of the counts are offences contrary to s 474.27(1) of the Criminal Code Act 1995 (Cth), and the second count is an offence contrary to s 474.27A(1) of the Criminal Code Act 1995 (Cth).
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On 5 April 2023 following the trial the offender was found not guilty of the first and second counts as referred to above by a jury of 12, but guilty to the third count. Upon the guilty verdict the proceedings were adjourned…
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- AGLC
- R v Jones [2023] NSWDC 657
- Case
- [2023] NSWDC 657
- Decision Date
CaseChat Overview and Summary
The primary legal issues before the court were whether the actions of the appellant constituted the offence of using a carriage service to groom a person under the age of 16, and whether the evidence presented was sufficient to support a guilty verdict. The court had to consider the definitions and scope of the statutory provisions, as well as the nature and context of the communications between the appellant and the victim. Furthermore, the court needed to evaluate the credibility and reliability of the evidence provided by both parties.
In its judgment, the court meticulously examined the evidence and the applicable legal principles. The court found that the prosecution had adequately demonstrated that the appellant used a carriage service to engage in conduct that could be considered grooming of a minor. The court held that the statutory language was broad enough to encompass the appellant’s actions and that the evidence sufficiently proved the requisite intent and the communications took place. Consequently, the court confirmed the appellant's conviction on all counts. The court rejected the appellant's arguments that the evidence was insufficient or that the statutory provisions were ambiguous.
The final orders of the court included the confirmation of the appellant's convictions on all counts. The court also addressed sentencing, which was deferred pending the completion of further investigations. The appellant was remanded in custody pending a sentencing hearing.
Orders
Orders of the court
See paragraph [101]-[102]
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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