District Court
New South Wales
Medium Neutral Citation: R v Wood (a pseudonym) [2024] NSWDC 677 Hearing dates: 19 February, 4 March, 7 June, 27 September and 1 October 2024 Date of orders: 1 October 2024 Decision date: 01 October 2024 Jurisdiction: Criminal Before: Sutherland SC DCJ Decision: State offence: 18 months imprisonment with non-parole period of 12 months, at [110].
Commonwealth offence: 4 years imprisonment with a non-parole period of 2 years, at [111] – [112].
Catchwords: SENTENCING — Sentence after Guilty pleas – Child sex offences — Procuring or grooming child for unlawful sexual activity – Fail to comply with reporting obligations under the Child Protection (Offenders Registration) Act 2000 – Child Exploitation Internet Unit – Prior similar offending –– Strong subjective circumstances
Legislation Cited: Child Protection (Offenders Registration) Act 2000 (NSW) ss 16C, 17(1)Court Suppression and Non-Publication Orders Act 2010 (NSW) ss 7, 8, 11, 12
Crimes Act 1914 (Cth) ss 16, 16A, 16AAB, 17A, 20, 23ZD
Crimes (Sentencing Procedure) Act 1999 (NSW) ss 5, 21A, 67
Criminal Code Act 1995 (Cth) ss 474.27AA
Sex Offender Registration Act 2004 (Vic)
Cases Cited: Bahar v R (2011) 45 WAR 100; [2011] WASCA 249
Elwdah v R (2024) 388 FLR 452; [2024] NSWCCA 150
Hurt v The King; Delzotto v The King (2024) 98 ALJR 485; [2024] HCA 8
R v Asplund (2010) 216 A Crim R 48; [2010] NSWCCA 316
R v Delzotto (2022) 298 A Crim R 483; [2022] NSWCCA 117
R v Pham (2015) 256 CLR 550; [2015] HCA 39
Western Australia v Collier (2007) 178 A Crim R 310; [2007] WASCA 250
Category: Sentence Parties: Rex (Crown)
Ronald Wood (a pseudonym) (Offender)Representation: Counsel:
Solicitors:
M Clifford-O’Sullivan (Crown)
B Green (Offender)
Director of Public Prosecutions (Cth) (Crown)
Drinkwater Criminal and Family Lawyers
File Number(s): 2022/00311763 Publication restriction: Pursuant to s 7 of the Court Suppression and Non-Publication Orders Act 2010, and on the grounds set out in s 8(1)(a), (c) and (e) of that Act, the identity of the offender, or any document or evidence that identifies, or might facilitate the identification of the offender, is suppressed in accordance with orders made on 27 September 2024.
JUDGMENT
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These are the remarks on sentence of Ronald Wood (a pseudonym). At the outset, it should be noted that pursuant to s 7 of the Court Suppression and Non-Publication Orders Act 2010, and on the grounds set out in s 8(1)(a), (c) and (e) of that Act, the identity of the offender, or any document or evidence that identifies, or might facilitate the identification of the offender, is suppressed in accordance with orders made on 27 September 2024.
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Material which identifies or which might facilitate the identification of the offender includes, but is not limited to, the transcript and recording of the proceedings, and the…
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- AGLC
- R v Wood (a pseudonym) [2024] NSWDC 677
- Case
- [2024] NSWDC 677
- Decision Date
CaseChat Overview and Summary
The court faced the challenge of balancing the need to deter and punish the defendant for his heinous crimes with the potential for rehabilitation and reintegration into society. The court examined the circumstances of the offences, which involved a child, and considered the subjective circumstances of the case, including the defendant's failure to comply with reporting obligations and his prior similar offending. The court also took into account the recommendations of the Child Exploitation Internet Unit, which had been involved in the investigation and prosecution of the case.
After careful consideration of the evidence and submissions, the court determined that the appropriate sentence for the state offence was 18 months imprisonment with a non-parole period of 12 months. For the Commonwealth offence, the court imposed a sentence of 4 years imprisonment with a non-parole period of 2 years. The court emphasised the gravity of the offences and the need to protect the community and prevent reoffending. The court also noted the importance of rehabilitation and reintegration, but found that the defendant's prior offending history and failure to comply with reporting obligations undermined the prospects for successful rehabilitation.
The court's final orders were that the defendant be sentenced to 18 months imprisonment with a non-parole period of 12 months for the state offence, and 4 years imprisonment with a non-parole period of 2 years for the Commonwealth offence. The sentences were to be served concurrently, with the defendant to be eligible for parole after serving the non-parole period. The court also ordered that the defendant comply with any reporting obligations under the Child Protection (Offenders Registration) Act 2000.
Orders
Orders of the court
State offence: 18 months imprisonment with non-parole period of 12 months, at [110].
Commonwealth offence: 4 years imprisonment with a non-parole period of 2 years, at [111] – [112].
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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