R v Singh

[2021] NSWDC 220

District Court

New South Wales

Medium Neutral Citation:

R v Singh [2021] NSWDC 220

Hearing dates:

1/12/20-10/12/20, 26/2/21, 19/3/21

Date of orders:

19/3/21

Decision date:

19 March 2021

Jurisdiction:

Criminal

Before:

Bourke SC DCJ

Decision:

Re the Commonwealth offence of Use Carriage Service - Convicted and sentenced to 2 years imprisonment (19/3/21-18/3/23). I decline to set a Recognisance Release Order.

Re the State offence of Grooming Child – convicted and sentenced to a term of imprisonment of 3 years 9 months with a NPP of 2 years (19/6/21-18/6/23). I find special circumstances.

Therefore the total effective sentence is 4 years with a NPP of 2 years 3 months.

Catchwords:

Crime – Sentence – Commonwealth and State offences – Use carriage service to solicit child pornography – Engage in conduct what exposed indecent material to a child under the age of 14 years with the intention of making it easier to procure her for unlawful sexual activity - Grooming

Legislation Cited:

Commonwealth Crimes Act 1914

Commonwealth Criminal Code 1995

Crimes Act 1900 (NSW)

Crimes (Sentencing Procedure) Act 1999

Cases Cited:

Minehan v R [2010] 201 A Crim R 243

R v Nahlous [2013] NSWCCA 90

R v Porte [2015] NSWCCA 174

Category:

Sentence

Parties:

NSW DPP – Crown
Gurdial Sing - Offender

Representation:

Ms C Hurford for Crown
Mr A Radojev/Mr R Keller for Offender

File Number(s):

2018/99506

Publication restriction:

Statutory non-publication order in relation to the identity of the victim

sentence

1. On 10 December 2020 the offender Mr Gurdial Singh was found guilty by a jury of an offence under s 66EB(3) of the Crimes Act 1900 (NSW) and of an offence under s 474.19(1) of the Commonwealth Criminal Code 1995.

2. The first offence is one of engaging in conduct that exposed indecent material to a child under the age of 14 years with the intention of making it easier to procure her for unlawful sexual activity. The maximum penalty for that offence is 12 years imprisonment and a standard non-parole period of five years is specified.

3. The second offence being the Commonwealth offence is one of using a carriage service to solicit child pornography and that offence carries a maximum penalty of 15 years imprisonment.

4. Of course the maximum penalties and in the case of the State offence the standard non-parole period are guideposts to which I must have regard in determining the appropriate sentences.

5. It is necessary in sentencing the offender for me to determine the relevant facts which must be consistent with the findings of the jury. In this regard I note that at trial the Crown case relied fundamentally on a number of electronic communications that were admitted into evidence. There was no dispute that those communications took place nor any dispute as to their content. The dispute at trial was whether the Crown had proved beyond reasonable doubt that it was the offender who engaged in those communications.

6. The jury verdicts clearly acknowledge that this question was answered in favour of the Crown. In…