R v Robinson

[2019] NSWDC 871

District Court

New South Wales

Medium Neutral Citation:	R v Robinson [2019] NSWDC 871
Hearing dates:	19 August 2018; 18 January 2019; 21 March 2019
Date of orders:	11 June 2019
Decision date:	11 June 2019
Jurisdiction:	Criminal
Before:	Judge W Hunt
Decision:	Sentenced to an aggregate term of imprisonment consisting of a head sentence of 3 years with a non-parole period of 2 years.
Catchwords:	CRIMINAL LAW – Sentence - Preparing or planning to commit an offence of engaging with sexual intercourse with a child outside of Australia - engaging in sexual activity other than sexual intercourse with a child outside of Australia - aggravation - Child being under the care or supervision of the offender- Groom child to engage in sexual activity outside of Australia
Legislation Cited:	Commonwealth Criminal Code Commonwealth Crimes Act Judiciary Act
Cases Cited:	Commonwealth DPP v Beatty [2017] NSWCCA 301 R v AJP [2004] NSWCCA 434 R v Qutami [2001] NSWCCA 353 R v Wicks [2005] NSWCCA 409 Xiou v R [2018] NSWCCA 4
Category:	Sentence
Parties:	The Crown Peter Robinson
Representation:	Counsel: T McDonald SC - Crown T Hughes – Offender P Godkin   Solicitors: The Director of Public Prosecutions
File Number(s):	2016/73214
Publication restriction:	There is to be no publication of the name of the complainant or of any material which may tend to identify the complainant

Judgment

1. HIS HONOUR: Peter Robinson is before the Court for sentence in relation to three offences. There are two counts on an indictment.

2. Count 1 is an offence in breach of s 272.20(1) of the Commonwealth Criminal Code, which is an offence of preparing or planning to commit an offence of engaging with sexual intercourse with a child outside of Australia. The maximum penalty provided for that offence is ten years.

3. Count 2 on the indictment is an offence in breach of s 272.10(1) of the Commonwealth Criminal, Code which is an offence of engaging in sexual activity other than sexual intercourse with a child outside of Australia in circumstances of aggravation, the circumstance of aggravation is the child being under the care or supervision of the offender. A maximum penalty of 25 years imprisonment is provided for that offence.

4. Additionally, when sentencing Mr Robinson for count 2 the parties invite me to take into account one further offence that is on a schedule to s 16BA of the Commonwealth Crimes Act, which is an offence in breach of s 272.15(1) of the Commonwealth Criminal Code which is grooming a child to engage in sexual activity outside of Australia, which matter provides a maximum penalty of 12 years on indictment.

5. It is inevitable that the sentence to be imposed on count 2 will be increased by way of the Court taking that additional offending into account when arriving at the appropriate sentence.

6. Both counts 1 and 2 on the indictment were subject of pleas of guilty before me on 19 July 2018 at the District Court in Sydney and the matters have been adjourned from…