District Court
New South Wales
Medium Neutral Citation: R v Wood [2021] NSWDC 520 Hearing dates: 7 June 2021 Date of orders: 7 June 2021 Decision date: 07 June 2021 Jurisdiction: Criminal Before: M L Williams SC DCJ Decision: A sentence of imprisonment of two years and three months, pursuant to s 20(1)(b) Crimes Act 1914 (Cth) the offender is to be released, on conditional recognisance, after a period 7 months.
Catchwords: SENTENCING — Federal offenders — Sentence by State court for offence against Commonwealth law
SENTENCING — Penalties — Imprisonment — Recognisance
SENTENCING — Relevant factors on sentence — — Circumstances of offence — Deterrence — General principles — Moral culpability — Objective seriousness — Plea of guilty — Rehabilitation
Legislation Cited: Crimes Act 1914 (Cth)
Criminal Code (Cth)
Cases Cited: R v Hizhnikov (2008) 192 A Crim R 69
Category: Sentence Parties: Regina (Commonwealth Director of Public Prosecutions)
Robert Wood (Offender)Representation: Ms Burton (Solicitor for the Commonwealth Director of Public Prosecutions)
Mr Ainsworth (Counsel for the Offender)
File Number(s): 2020/315274
Judgment
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On 4 November Robert Wood was arrested and charged with one offence contrary to s 474.26(1) of the Criminal Code (Cth), namely that, he used a carriage service to transmit communications to a person under the age of 16 years with the intent of procuring the recipient to engage in sexual activity. This offence carries a maximum penalty of 15 years imprisonment.
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He has been in custody since his arrest and has since spent his 61st birthday in custody. He pleaded guilty to that charge in circumstances in which the Crown acknowledges attracts a 25% discount on any term of imprisonment.
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He has no criminal record.
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The agreed facts show that he came under notice having placed an advertisement, titled “Sutho Shire Daddy Seek Teen Son” on a site called “Locanto” which is utilised for classifieds and the buying and selling of goods and services, as a legitimate marketplace, and in a way, I am told from the bar table, similar to services such as Gumtree. On 8 October the Child Exploitation and Internet Unit of the New South Wales Police Force commenced an investigation into the website and they found the offender’s advertisement. In the advertisement he said that he was,
‘looking for a teenage boy to call son and be a toy boy and for companionship, travel and fun times together and develop a caring daddy son relationship but happy to explore your sexuality on a casual basis.’
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As Mr Ainsworth of counsel puts there was no suggestion that he was targeting boys under the age of 16 or children under the age of 16.
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An assumed online identity (AOI) adopted by the police investigators responded to the advertisement and stated that the recipient was 14. In short, between 8 October…
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- AGLC
- R v Wood [2021] NSWDC 520
- Case
- [2021] NSWDC 520
- Decision Date
CaseChat Overview and Summary
The court meticulously weighed these factors in arriving at a just sentence. The respondent's actions were deemed to have a significant impact on the community, necessitating a sentence that would serve as a deterrent to others who might consider similar conduct. The court also considered the moral culpability of the respondent, acknowledging the gravity of the offence. Additionally, the court recognised the respondent's plea of guilty as an important mitigating factor, which warranted a degree of leniency. The court ultimately determined that a sentence of imprisonment of two years and three months was appropriate, with the condition that the respondent would be released on conditional recognisance after serving seven months.
The court's decision was grounded in a balanced assessment of the relevant legal principles and the unique circumstances of the case. By imposing a sentence that included both a period of imprisonment and a subsequent release on conditional recognisance, the court sought to achieve a fair outcome that addressed the need for punishment, deterrence, and the potential for the respondent's rehabilitation. The orders made by the court reflect a careful consideration of the statutory provisions and the guiding principles of sentencing in federal offences.
Orders
Orders of the court
A sentence of imprisonment of two years and three months, pursuant to s 20(1)(b) Crimes Act 1914 (Cth) the offender is to be released, on conditional recognisance, after a period 7 months.
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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