R v Parnell

[2023] NSWDC 171

District Court

New South Wales

Medium Neutral Citation:

R v Parnell [2023] NSWDC 171

Hearing dates:

28 April 2023

Date of orders:

25 May 2023

Decision date:

25 May 2023

Jurisdiction:

Criminal

Before:

Scotting DCJ

Decision:

1   Ryan James Parnell is convicted.

2   I impose a term of imprisonment of 2 years and 10 months to date from 24 May 2023 and expiring on 23 March 2026.

3 Pursuant to s 20(1)(b) Crimes Act 1914 (Cth), I order that the offender be immediately released on entering into a recognisance in the sum of $1,000 to be of good behaviour for 5 years. The further conditions of the recognisance that will apply for 5 years from today are that:

(a)   the offender accepts the supervision of a Community Corrections Officer;

(b)   the offender obeys all reasonable directions from Community Corrections;

(c)   the offender is not to travel overseas or interstate without the written permission of Community Corrections; and

(d)   the offender to undertake such treatment or rehabilitation program as reasonably directed by Community Corrections.

Catchwords:

CRIME — Child sex offences — Using carriage service to groom person

Legislation Cited:

Crimes Act 1914

Criminal Code Act 1995 (Cth).

Crimes (Sentencing Procedure) Act 1999

Cases Cited:

Hili v The Queen (2010) 253 CLR 58

Johnson v The Queen (2004) 78 ALJR 616

R v El Karhani (1990) 21 NSWLR 370

R v Olbrich (1999) 199 CLR 270

R v Taylor [2022] NSWCCA 256

Category:

Sentence

Parties:

Rex (Crown)
Ryan James Parnell (Offender)

Representation:

Counsel:
D Berents (Crown)
K Ramage KC (Offender)

Solicitors:
Commonwealth Director of Public Prosecutions (Crown)
Guirguis Legal (Offender)

File Number(s):

2022/79421

Publication restriction:

None

JUDGMENT

Introduction

1. Ryan James Parnell (the offender) appears for sentence after pleading guilty in the Local Court to an offence of using a carriage service with the intention of procuring the recipient to engage in sexual activity with the sender, where the recipient is a person the sender believed to be under 16, contrary to s 474.26(1), Criminal Code Act 1995 (Cth).

2. The maximum penalty for the offence is 15 years imprisonment. Parliament has also prescribed a mandatory minimum term of imprisonment of 4 years, where an offender has been convicted of a prior child sexual abuse offence: ss 16AAB and 16AAC Crimes Act 1914 (the Act).

3. On 22 August 2007 the offender was convicted of relevant prior offences committed when he was between 13 and 19 years of age on a victim about 3 years younger than him. The offender was sentenced to a term of 4 months imprisonment before being released on probation for 3 years on condition that he receive mental health treatment.

Approach to Sentencing

4. To the extent that I make findings of fact adverse to the offender, I am satisfied of that fact beyond reasonable doubt. To the extent that I make findings of fact favourable to the offender, I am satisfied of that fact on the balance of probabilities: R v Olbrich (1999) 199 CLR 270 at [27] (Gleeson CJ,…