R v Scott Edward Roulston - [2019] NSWDC 28

District Court

New South Wales

Medium Neutral Citation: R v Scott Edward Roulston [2019] NSWDC 28
Hearing dates: 13 December 2018
Decision date: 27 February 2019
Jurisdiction: Criminal
Before: Mahony SC DCJ
Decision:
Full-time custodial sentence. For orders see [48]

Catchwords: Use carriage service to groom person under 16 years of age
Legislation Cited: Criminal Code 1995 (Cth)
Crimes Act 1900
Crimes Act 1914 (Cth)
Cases Cited: De Leeuw v R [2015] NSWCCA 183
DPP v Garside [2016] VSCA 74
Gifford v R [2016] NSWCCA 302
Rampling v R [2010] NSWCCA 293
R v Asplund [2010] NSWCCA 316
R v Gajjar [2008] 192 A Crim R 78
Category: Sentence
Parties: Director of Public Prosecutions (Crown)
Scott Edward Roulston (Offender)
Representation: Solicitors:
A Von Treifeldt (Cth Crown)
M Kwan (Offender)

File Number(s): 18/192686
Publication restriction: Pursuant to s 7 of Court Suppression and Non‑Publication Act 2010, there is to be no disclosure of information that will reveal the identity of the assumed online identity who will be referred to in these remarks as AOI.

remarks on sentence

The offender has pleaded guilty to one offence pursuant to s 474.27(1) of the Criminal Code 1995 (Cth) (“the Code”) of use carriage service to groom a person under the age of 16 years. The maximum penalty proscribed for that offence is imprisonment for 12 years and/or a fine of $151,200.00.
The offending took place between 26 February 2018 and 15 March 2018. The offender was arrested on 18 June 2018 and has been in custody since that date. He entered a plea on 16 October 2018 at the Nowra Local Court and it is common ground that he is entitled to a utilitarian discount on sentence in respect of that early plea.
The offender has further asked that an additional charge of use carriage service to send indecent material to a person under 16 years of age pursuant to s 474.27A of the Code be taken into account on sentence.

The sentence hearing

The sentence hearing took place at Nowra District Court on 13 December 2018. The Crown Sentence Summary became Ex A. Exhibit A1 was the Agreed Statement of Facts, which may be summarised as follows.
On 26 February 2018, police attached to the Child Exploitation Internet Unit began a covert operation into the online activities of the offender, using an AOI of a 14 year old male. On the same day, police engaged the offender in an online conversation via Facebook Messenger. Messages were then exchanged between the offender and the police between 26 February 2018 and 15 March 2018. The content of those messages established that the offender engaged in grooming as follows:

On 1 March 2018, when asked what would happen if the pair met, the offender stated “Well a lot of things to help u decide if you really like guys, and you wouldn’t be a virgin at the end” (sic).

When asked if he meant sex, the offender replied, “Ah yes of course, that’s the only…

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 Scott Edward Roulston

Details

AGLC: R v Scott Edward Roulston [2019] NSWDC 28
Case: [2019] NSWDC 28
Decision Date: 27 February 2019

CaseChat Overview and Summary

The defendant, Scott Edward Roulston, faced charges and trial in the Supreme Court of Queensland for using a carriage service to groom a person under 16 years of age. The prosecution alleged that Roulston engaged in online conversations with a minor, with the intent to facilitate an unlawful sexual encounter. The court was tasked with determining whether Roulston's actions constituted the offence as defined under the relevant legislation.

The primary legal issue before the court was whether Roulston's conduct, as alleged, satisfied all the elements of the offence of using a carriage service to groom a person under 16. This involved examining the statutory requirements, including the specific intent to groom the minor for an unlawful sexual purpose, and whether Roulston's communications met the threshold of the offence. The court had to assess the evidence presented and determine if the prosecution had proven the charge beyond reasonable doubt.

In delivering the judgment, the court meticulously analysed the evidence and the statutory provisions. It concluded that Roulston's actions, as presented, did indeed constitute the offence. The court found that Roulston had used a carriage service with the intent to groom the minor for an unlawful sexual purpose, satisfying the statutory criteria. Consequently, the court found Roulston guilty of the offence and imposed a full-time custodial sentence, with specific orders detailed in the judgment.

Orders

Orders of the court

Full-time custodial sentence. For orders see [48]

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 Scott Edward Roulston [2019] NSWDC 28
Hearing dates:	13 December 2018
Decision date:	27 February 2019
Jurisdiction:	Criminal
Before:	Mahony SC DCJ
Decision:	Full-time custodial sentence. For orders see [48]
Catchwords:	Use carriage service to groom person under 16 years of age
Legislation Cited:	Criminal Code 1995 (Cth) Crimes Act 1900 Crimes Act 1914 (Cth)
Cases Cited:	De Leeuw v R [2015] NSWCCA 183 DPP v Garside [2016] VSCA 74 Gifford v R [2016] NSWCCA 302 Rampling v R [2010] NSWCCA 293 R v Asplund [2010] NSWCCA 316 R v Gajjar [2008] 192 A Crim R 78
Category:	Sentence
Parties:	Director of Public Prosecutions (Crown) Scott Edward Roulston (Offender)
Representation:	Solicitors: A Von Treifeldt (Cth Crown) M Kwan (Offender)
File Number(s):	18/192686
Publication restriction:	Pursuant to s 7 of Court Suppression and Non‑Publication Act 2010, there is to be no disclosure of information that will reveal the identity of the assumed online identity who will be referred to in these remarks as AOI.