R v Keski-Nummi-Wilson

SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY

Case Title:

R v Keski-Nummi-Wilson

Citation:

[2017] ACTSC 115

Hearing Dates:

18 May 2017

DecisionDate:

18 May 2017

Before:

Elkaim J

Decision:

See paragraph [34]

Catchwords:

CRIMINAL LAW – JURISDICTION, PRACTICE AND PROCEDURE – Judgment and Punishment – Sentence – using a carriage service to procure a person under the age of sixteen – using a carriage service to solicit child pornography

Cases Cited:

Director of Public Prosecutions (DPP) v Boyles [2016] VSCA 267

Director of Public Prosecutions (DPP) (Cth) v Hizhnikov [2008] VSCA 269; 192 A Crim R 69
R v Gajjar [2008] VSCA 268; 192 A Crim R 76
R v Nahlous [2013] NSWCCA 90; 228 A Crim R 503

Parties:

The Queen (Crown)

Thomas Bryant Keski-Nummi-Wilson (Offender)

Representation:

Counsel

Mr T Ellison (Crown)

Mr S Whybrow (Offender)

Solicitors

Commonwealth Director of Public Prosecutions (Crown)

Ben Aulich & Associates (Offender)

File Number:

SCC 99 of 2016

ELKAIM J:

1. The offender pleaded guilty to two counts in an indictment. The first count is that he used a carriage service to communicate with a person who was under the age of 16, with the intention of procuring that person to engage in sexual activity with himself. The second count is that he used a carriage service to solicit pornographic material.

1. The maximum penalty for both offences is 15 years imprisonment and/or a fine of $153,000.

1. In August 2015, the Australian Federal Police received information from the Federal Bureau of Investigation in the United States of America. The information concerned the offender being engaged in a relationship with a 12 year old girl who lived in America, who I will refer to as CB.

1. The police obtained records of internet conversations between the accused and CB. The content of these conversations and other material, which are described in the amended case statement, are the basis for the charges. The relevant communications between the offender and CB seem to have spanned the period between September 2014 and November 2014. Many of them contain very explicit sexual material.  

1. In January 2015, the offender and his mother travelled to Hawaii where they spent some time with CB and her mother. There is no suggestion that, while in this location, any sexual activity took place between the offender and CB. It is also noteworthy that, after the trip, the messaging continued between the offender and CB but none of it was of a sexual nature.

1. The offender paid for the vacation in Hawaii and purchased gifts for CB and also made some cash payments to her by way of direct transfer.

1. Analysis of the offender’s telephone and computer revealed about 300 photographs of CB, most of them showing her sleeping.

1. Investigation by the FBI discovered a number of commonly used sexual aids, such as lubricant and massage oil, in CB’s bedroom, which had apparently been purchased for her by the offender.

1. When initially spoken to by the police, the offender acknowledged his contact with…