District Court
New South Wales
Medium Neutral Citation: R v Jones [2021] NSWDC 713 Hearing dates: 7 October 2021 Date of orders: 7 October 2021 Decision date: 07 October 2021 Jurisdiction: Criminal Before: M L Williams SC DCJ Decision: I impose a sentence of imprisonment of 12 months. Pursuant to s 20(1)(b) Crimes Act 1914 (Cth) the offender is to be released forthwith, taking into account the period of 4 months already served, on the condition that the offender enters into a recognisance: at [33].
Catchwords: SENTENCING — Mitigating factors — Good character — Plea of guilty — Rehabilitation — Remorse — Unlikely to re-offend
SENTENCING — Penalties — Imprisonment — Recognisance
SENTENCING — Federal offenders — Relevant considerations
Legislation Cited: Crimes Act 1914
Crimes Legislation Amendment (Sexual Crimes Against Children and Community Protection Measures) Act 2020 (Cth
Criminal Code (Cth)
Cases Cited: Barbieri v R [2016] NSWCCA 295
Devaneyv R [2012] NSWCCA 285
DPP (Cth) v De La Rosa (2010) 79 NSWLR 1
Category: Sentence Parties: Regina (Commonwealth Director of Public Prosecutions)
Garry Jones (Offender)Representation: Ms Ranson (Solicitor for the Commonwealth Director of Public Prosecutions)
Mr Bickford (Counsel for the Offender)
File Number(s): 2020/216731
Judgment
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Garry Jones, born in 1963, and has never been charged with any offence before he was arrested on 23 July 2020. He was charge with using a carriage service to procure a person under 16 years for sexual activity between 23 June and 23 July 2020 contrary to s 472.26 of the Criminal Code (Cth). The offence carries a maximum penalty of 15 years imprisonment.
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He spent 141 days in custody before being released on strict bail conditions.
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He is to be dealt with on a s 16BA schedule for a similar charge in the period between 17 and 22 June 2020.
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The ultimate submission by Mr Bickford of counsel for the offender, is that the term of imprisonment of slightly in excess of four months that he has already served should be an appropriate term before his release on a recognizance order. I accept that submission for the reasons that will follow.
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The offending was uncovered by New South Wales Police attached to the State Crime Command Child Exploitation Intervention Unit, who commenced a covert online investigation utilising assumed online identity (AOI) of a 14 year old girl.
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The offender had posted an ad on a website titled “Genuine Daddy for Real Female 53”. The facts set out a lengthy set of extracts of the correspondence between the offender and the AOI in relation to both the schedule offence and the principal offence.
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In short, the facts are sufficiently summarised in the Crown submissions, as follows, after posting the initial ad on the website, the offender was told that he was conversing with a 14 year old girl and this was repeated through their conversations. He would have been aware that…
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- AGLC
- R v Jones [2021] NSWDC 713
- Case
- [2021] NSWDC 713
- Decision Date
CaseChat Overview and Summary
The primary legal issues before the court were the consideration of mitigating factors and the determination of an appropriate penalty, including whether imprisonment or recognisance would better serve justice. The court had to balance the need for punishment and deterrence against the potential for rehabilitation and the defendant's prospects of reintegration into society.
The court carefully considered the mitigating factors presented, including the defendant's good character and the plea of guilty, which typically warrant a reduced sentence. The evidence of rehabilitation and the defendant's expression of remorse further supported a sentence that would facilitate reintegration into society. After weighing these factors against the need for punishment and deterrence, the court concluded that a sentence of imprisonment was appropriate, but with an early release condition. The court imposed a sentence of imprisonment for 12 months, with the defendant to be released forthwith due to the 4 months already served. The court mandated that the defendant enter into a recognisance as a condition of release, reflecting a balance between punishment and the potential for rehabilitation.
The final order was that the defendant be released immediately from imprisonment, taking into account the time already served, on the condition that they enter into a recognisance as per the court's direction.
Orders
Orders of the court
I impose a sentence of imprisonment of 12 months. Pursuant to s 20(1)(b) Crimes Act 1914 (Cth) the offender is to be released forthwith, taking into account the period of 4 months already served, on the condition that the offender enters into a recognisance: at [33].
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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