R v Lidden

Case [2024] ACTSC 297


SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY

Case Title: 

R v Lidden

Citation:  

[2024] ACTSC 297

Hearing Date:  

24 September 2024

Decision Date:  

27 September 2024

Before: 

Taylor J

Decision:  

See [93].

Catchwords:  

CRIMINAL LAW – JURISDICTION, PRACTICE AND

PROCEDURE – Judgment and Punishment – Sentence – use carriage service to groom a child – low objective seriousness – cognitive disability – Verdins principles – reduction in moral culpability – direct causal link between disability and offending – exceptional circumstances – recognizance release order

Legislation Cited:  

Crimes Act 1914 (Cth) ss 3, 16A, 17A, 19AC, 20(1)(b), 20AB

Crimes (Sentencing Procedure) Act 1999 (NSW)

Criminal Code 1995 (Cth) s 474.27(1)

Cases Cited:  

Director of Public Prosecutions v Dalgliesh (a pseudonym)

[2017] HCA 41; 262 CLR 428

DPP v Williams [2024] ACTSC 283

Griffiths v The Queen [1989] HCA 39; 167 CLR 372

Hili v The Queen [2010] HCA 45; 242 CLR 520

Meadows v R [2017] VSCA 290

Mertell v The King [2022] ACTCA 69

Rampley v R [2010] NSWCCA 293

R v Abbott [2023] NSWDC 488

R vBredal [2024] NSWCCA 75

R v Gajjar [2008] VSCA 268; 192 A Crim R 76

R v MAK [2006] NSWCCA 381; 167 A Crim R 159

R v Mertell [2022] ACTSC 37

R v Ralston [2019] ACTSC 236

R v Ralston [2020] ACTCA 47

R v Sinclair [2012] ACTSC 151

R v Tootell ex parte AG [2012] QCA 273

R v Verdins [2007] VSCA 102; 16 VR 269

Tector v R [2008] NSWCCA 151; 186 A Crim R 133

Parties:  

Commonwealth Director of Public Prosecutions (Crown)

Michael Lidden (Offender)

Representation:  

Counsel

F Bruford (Crown)

B Morrisroe (Offender)

Solicitors

Commonwealth Director of Public Prosecutions (Crown) Hugo Law Group (Offender)

File Number:   SCC 183 of 2024 

TAYLOR J:

Introduction

1․ The offender, Michael Lidden, is to be sentenced for the following offence to which he entered a plea of guilty on 20 June 2024:

(a) CC2024/5484: use carriage service to groom a person under 16 years of age, contrary to s 474.27(1) of the Criminal Code 1995 (Cth) (the Criminal Code).  

2․      The offence carries a maximum penalty of imprisonment for 15 years.  

Facts

3․

In July 2021, police obtained information in relation to online grooming of juvenile females via the social media platform known as Facebook by the offender.  A review of police indices showed the offender has been involved in suspicious behaviour directed towards juvenile females in the Australian Capital Territory (ACT) and New South Wales (NSW).  

4․

Further review of police indices showed the offender to be the current operator of a silver Toyota Hilux, bearing ACT registration [redacted].  The vehicle is registered in the offender’s father’s name.  

5․

Between 18 and 27 March 2024, Australian Federal Police (AFP) Covert Online Operations utilising an Online Covert Persona (OCP) purporting to be a fourteen-yearold girl, conducted online engagement via Facebook messenger with a Facebook profile in the name of ‘Mick Lidden’.

6․

The…

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R v Lidden [2024] ACTSC 297
Case
[2024] ACTSC 297
Decision Date

CaseChat Overview and Summary

In the matter of R v Lidden, the defendant was charged with using a carriage service to groom a child, an offence under the Criminal Code Act 1995 (Cth). The case was heard in the Supreme Court of New South Wales, where the defendant pleaded guilty to the charge. The primary issues before the court were the determination of an appropriate sentence and whether the defendant's cognitive disability should be considered in the sentencing process. The court had to consider the principles outlined in Verdins v R, which provide a framework for assessing the moral culpability of offenders with cognitive impairments and the potential for a reduction in sentence.

The court examined the nature of the offence and the defendant's cognitive disability, focusing on whether there was a direct causal link between the disability and the offending behaviour. It was noted that while the objective seriousness of the crime was relatively low, the defendant's cognitive disability significantly impacted his moral culpability. The court applied the Verdins principles, considering whether exceptional circumstances existed that warranted a reduction in sentence. The direct causal link between the disability and the offence, along with the exceptional circumstances, led the court to determine that a reduction in moral culpability was warranted. Consequently, the court decided to impose a recognizance release order rather than a custodial sentence, reflecting the defendant's cognitive disability and the overall circumstances of the case.

The Supreme Court of New South Wales, in its judgment, held that the defendant's cognitive disability warranted a reduction in moral culpability, and the exceptional circumstances of the case justified a departure from the usual sentencing principles. The court ordered that the defendant be released on a recognizance release order, subject to certain conditions, including supervision and adherence to a behavioural management plan. This outcome recognised the unique challenges faced by the defendant due to his cognitive disability while ensuring public safety and the proper administration of justice.

Orders

Orders of the court

See [93].

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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