R v Milliner

[2018] NSWDC 324

District Court

New South Wales

Medium Neutral Citation:

R v Milliner [2018] NSWDC 324

Hearing dates:

12 February 2018

Date of orders:

15 February 2018

Decision date:

15 February 2018

Jurisdiction:

Criminal

Before:

Scotting DCJ

Decision:

1.   The offender is convicted of both counts.

 

2.   In relation to the first count the offender is sentenced to a term of imprisonment comprising of a non-parole period of three years to date from 5 April 2016 and expire on 4 April 2019, and an additional term of two years to expire on 4 April 2021.

 

3.   In relation to the second count the offender is sentenced to a term of imprisonment comprising of a non-parole period of three years to date from 5 April 2018 and expire on 4 April 2021, and in additional term of three years to expire on 4 April 2024.

 

4.   The overall effective term of imprisonment I have imposed consists of a non-parole period of 5 years with an additional term of 3 years.

 5.   The offender will be eligible to be released to parole on 4 April 2021.

Catchwords:

CRIMINAL LAW – procuring a child under the age of 14 years – travel with intention to meet child following grooming

 

SENTENCE – mitigating factors – aggravating factors – circumstances – objective seriousness -

  SENTENCE PRINCIPLES – good character – rehabilitation - remorse

Legislation Cited:

Crimes Act 1900
Crimes (Sentencing Procedure) Act 1999

Cases Cited:

R v Thomson & Houlton (2000) 49 NSWLR 383
R v Borkowski (2009) 195 A Crim R 1

Category:

Sentence

Parties:

Regina (Crown)
Simon Milliner (Defendant)

Representation:

Mr A Morris (Crown Prosecutor)
Mr F Coyne of counsel (Defendant)

File Number(s):

2016/103462

Publication restriction:

None

REMARKS ON SENTENCE

1. Simon Milliner appears for sentence after having pleaded guilty in the District Court to:

1. one count of attempting to intentionally procure a child under the age of 14 years for unlawful sexual activity contrary to s 66EB(2) of the Crimes Act 1900. The maximum penalty for the offence is 15 years imprisonment, the standard non-parole period applying to the substantive offence does not apply to an attempt; and

2. one count of travel with the intention of meeting a child under the age of 14 years who he had groomed for unlawful sexual activity with the intention of procuring the child for unlawful sexual activity with himself and another person contrary to s 66EB(2A) of the Crimes Act 1900. The maximum penalty for the offence is 15 years imprisonment. Parliament has also prescribed a standard non-parole period of six years which I must take into account as a legislative guidepost to the appropriate sentence to be imposed.

2. The parties presented an Agreed Statement of Facts that provided as follows.

1.   Towards the end of 2015 the NSW Police Child Exploitation Internet Unit were covertly monitoring the adult social networking site “motherless.com”. The site had a logo which was similar to a safety sign and depicted a woman holding the hand of a child. The…