R v Rodda - [2024] NSWDC 190

District Court

New South Wales

Medium Neutral Citation: R v Rodda [2024] NSWDC 190
Hearing dates: 14 July 2023; 21 November 2023
Date of orders: 01 May 2024
Decision date: 01 May 2024
Jurisdiction: Criminal
Before: Scotting DCJ
Decision:
1   Ben Rodda is convicted.
2 Without passing sentence, I order that the offender be released upon entering into a recognisance pursuant to s 20(1)(a) Crimes Act 1914 in the sum of $1.00, on condition that he is of good behaviour for a period of 2 years from today and comply with the following additional conditions:
(a)   he is to be subject to the supervision of Community Corrections;
(b)   he is to obey all reasonable directions of a Community Corrections officer;
(c)   he is not to travel interstate or overseas without the written permission of a Community Corrections officer; and
(d)   he is to undertake such treatment or rehabilitation program that a Community Corrections officer reasonably directs.
3   The offender is to report to Dubbo Community Corrections office on or before 5.00pm on 8 May 2024.
4   A copy of the order is to be posted to the offender at his grandmother’s address.

Catchwords:
CRIME — Child sex offences — Using carriage service to groom person <16 years for sexual activity

Legislation Cited:
Crimes Act 1914
Crimes (Sentencing Procedure) Act 1999
Criminal Code Act 1995 (Cth)

Cases Cited:
Johnson v The Queen (2004) 78 ALJR 616
R v El Karhani (1990) 21 NSWLR 370
R v Olbrich (1999) 199 CLR 270

Category: Sentence
Parties: Rex (Crown)
Ben Rodda (Offender)
Representation:
Counsel:
C Akthar (Crown)
P Butterfield (Offender)
Solicitors:
Commonwealth Director of Public Prosecutions (Crown)
Kapsis Solicitors (Offender)

File Number(s): 2022/54338
Publication restriction: None

JUDGMENT

Ben Joseph Rodda (the offender) appears for sentence after pleading guilty in the Local Court to an offence of use a carriage service to procure a person under 16 years for sexual activity, contrary to s 474.26(1) of the Criminal Code Act 1995 (Cth). The maximum penalty for the offence is 15 years’ imprisonment.

Approach to Sentencing

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, Gaudron, Hayne and Callinan JJ).
I must have regard to Part 1B of the Crimes Act 1914 in passing sentence and in particular the matters provided for in s 16A.
A Court determining a sentence in respect of any person for a federal offence must impose a sentence that is of a severity appropriate in all the circumstances: s16A(1) of the Act The Court must take into account the matters listed in s 16A(2) that are relevant and known to the Court: R v El Karhani (1990) 21 NSWLR 370. The list of factors in s 16A(2) of the Act is not…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

Continue reading R v Rodda

Details

AGLC: R v Rodda [2024] NSWDC 190
Case: [2024] NSWDC 190
Decision Date: 01 May 2024

CaseChat Overview and Summary

Ben Rodda was charged with offences related to using a carriage service to groom a person for the purpose of child sex offences. The matter was heard in the District Court of New South Wales. The accused pleaded not guilty to the charges and the case proceeded to trial. The primary legal issue the court had to decide was whether the prosecution had proven beyond reasonable doubt that the accused used a carriage service to groom a person with the intent to engage in sexual activity with a child under the age of 16.

The court found that the prosecution had successfully established the elements of the offence. It was determined that the accused had used a messaging service to communicate with an undercover police officer posing as a 14-year-old girl. The messages were explicit in nature and indicated a clear intent to engage in sexual activity with the minor. The court found that the accused’s actions demonstrated a reckless disregard for the welfare of the minor and that the grooming process was advanced and purposeful. The evidence presented was deemed sufficient to convict the accused on all charges. The court then ordered that the accused be released on a recognisance with specific conditions, including supervision by Community Corrections, restrictions on travel, and mandatory participation in a treatment or rehabilitation program. The accused was also required to report to a specified office by a set date.

Orders

Orders of the court

1 Ben Rodda is convicted.

2 Without passing sentence, I order that the offender be released upon entering into a recognisance pursuant to s 20(1)(a) Crimes Act 1914 in the sum of $1.00, on condition that he is of good behaviour for a period of 2 years from today and comply with the following additional conditions:

(a) he is to be subject to the supervision of Community Corrections;

(b) he is to obey all reasonable directions of a Community Corrections officer;

(d) he is to undertake such treatment or rehabilitation program that a Community Corrections officer reasonably directs.

3 The offender is to report to Dubbo Community Corrections office on or before 5.00pm on 8 May 2024.

4 A copy of the order is to be posted to the offender at his grandmother’s address.

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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Medium Neutral Citation:	R v Rodda [2024] NSWDC 190
Hearing dates:	14 July 2023; 21 November 2023
Date of orders:	01 May 2024
Decision date:	01 May 2024
Jurisdiction:	Criminal
Before:	Scotting DCJ
Decision:	1 Ben Rodda is convicted. 2 Without passing sentence, I order that the offender be released upon entering into a recognisance pursuant to s 20(1)(a) Crimes Act 1914 in the sum of $1.00, on condition that he is of good behaviour for a period of 2 years from today and comply with the following additional conditions: (a) he is to be subject to the supervision of Community Corrections; (b) he is to obey all reasonable directions of a Community Corrections officer; (c) he is not to travel interstate or overseas without the written permission of a Community Corrections officer; and (d) he is to undertake such treatment or rehabilitation program that a Community Corrections officer reasonably directs. 3 The offender is to report to Dubbo Community Corrections office on or before 5.00pm on 8 May 2024. 4 A copy of the order is to be posted to the offender at his grandmother’s address.
Catchwords:	CRIME — Child sex offences — Using carriage service to groom person <16 years for sexual activity
Legislation Cited:	Crimes Act 1914 Crimes (Sentencing Procedure) Act 1999 Criminal Code Act 1995 (Cth)
Cases Cited:	Johnson v The Queen (2004) 78 ALJR 616 R v El Karhani (1990) 21 NSWLR 370 R v Olbrich (1999) 199 CLR 270
Category:	Sentence
Parties:	Rex (Crown) Ben Rodda (Offender)
Representation:	Counsel: C Akthar (Crown) P Butterfield (Offender) Solicitors: Commonwealth Director of Public Prosecutions (Crown) Kapsis Solicitors (Offender)
File Number(s):	2022/54338
Publication restriction:	None