SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY
Case Title: | R v Noy |
Citation: | [2025] ACTSC 93 |
Hearing Date: | 26 February 2025 |
Decision Date: | 19 March 2025 |
Before: | Christensen AJ |
Decision: | See [82] |
Catchwords: | CRIMINAL LAW – JURISDICTION, PRACTICE AND PROCEDURE – Judgment and Punishment – Sentence – using a carriage service to procure a child for sexual activity – using a carriage service for child abuse material – where victim aged 13 and offender aged 18 years – nature of offending inherently serious – communications quickly descended into highly sexualised interaction – specific deterrence an important consideration – real and significant harm caused – [redacted] – consideration of offender’s youth – solid prospects of rehabilitation – reduction in sentence where plea of guilty entered at first opportunity – period of imprisonment imposed – combination of factors may demonstrate that the circumstances of the case are exceptional – exceptional circumstances warrant immediate release on recognizance release order |
Legislation Cited: | Crimes Act 1914 (Cth) Pt 1B, ss 16A, 17A, 19, 20 |
Cases Cited: | Boulton v The Queen [2014] VSCA 342; 46 VR 308 |
Parties: | Commonwealth Director of Public Prosecutions ( Crown) Bohdi Noy ( Offender) |
Representation: | Counsel E Gordon ( Crown) B Morrisroe ( Offender) |
| Solicitors Commonwealth Director of Public Prosecutions Tim Sharman Solicitors ( Offender) | |
File Number: | SCC 333 of 2024 |
Publication Restriction: | Portions of explicit material at [15]-[16], [20]-[21] have been redacted from the published decision. Enquiries should be directed to: associate.actingj@courts.act.gov.au |
CHRISTENSEN AJ:
Introduction
1․Between 1 January 2023 and 25 January 2023, Bohdi Noy, the offender, engaged in conversation with a 13 year old girl over iMessage and Facetime. This was done with the intention of procuring the victim to engage in sexual activity.
2․During these conversations, on multiple occasions, the offender requested from the victim, and received, child abuse material in the form of images and text-based descriptions of sexual activity between them. The offender also transmitted text-based child abuse material to the victim.
3․The offender is to be sentenced for three offences contrary to the Criminal Code Act 1995 (Cth) (Criminal Code):
(a)Use a carriage service to procure a person under 16 years for sexual activity, contrary to s 474.26(1) (CAN 2024/7754);
(b)Use a carriage service for child abuse material (transmit), contrary to
s…
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CaseChat Overview and Summary
The legal issues before the court were the determination of an appropriate sentence for the offences committed, taking into account the inherent seriousness of the crimes, the age of the offender, the potential for rehabilitation, and the impact on the victim. The court was also required to consider the principle of specific deterrence and the need to protect the community. Additionally, the court needed to weigh the circumstances of the case to determine if they warranted an exceptional outcome.
In delivering the judgment, the court highlighted the inherently serious nature of the offences, which quickly descended into highly sexualised interactions. The offender's youth was considered, along with the prospects of rehabilitation. The court acknowledged the real and significant harm caused to the victim and the importance of specific deterrence. However, the offender's early guilty plea and the exceptional circumstances of the case led the court to impose a sentence of imprisonment, followed by an immediate release on a recognizance release order.
The court's final orders, as outlined in [82], included the imposition of a period of imprisonment for the offender, followed by an immediate release on a recognizance release order, considering the combination of factors that demonstrated the exceptional nature of the case.
Orders
Orders of the court
See [82]
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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