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R v Wood (a pseudonym)

R v Wood (a pseudonym)

Case [2024] NSWDC 677 1 October 2024

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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
Darke v R [2022] NSWCCA 52
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
Rampley v R [2010] NSWCCA 293
R v Asplund (2010) 216 A Crim R 48; [2010] NSWCCA 316
R v Davis [2023] NSWDC 651
R v Delzotto (2022) 298 A Crim R 483; [2022] NSWCCA 117
R v Pham (2015) 256 CLR 550; [2015] HCA 39
R v Smith [2024] NSWDC 242
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:
M Clifford-O’Sullivan (Crown)
B Green (Offender)
Solicitors:
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

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.
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…

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 Wood (a pseudonym)

Details

AGLC: R v Wood (a pseudonym) [2024] NSWDC 677
Case: [2024] NSWDC 677
Decision Date: 01 October 2024

CaseChat Overview and Summary

In the case of R v Wood, the defendant was convicted of multiple child sex offences, including procuring or grooming a child for unlawful sexual activity. The case was heard in the relevant court where the defendant had pleaded guilty to the charges. The court was required to determine an appropriate sentence considering the nature and gravity of the offences, the defendant's compliance with reporting obligations under the Child Protection (Offenders Registration) Act 2000, and the defendant's prior similar offending history.

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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Citations

AGLC Citation

R v Wood (a pseudonym) [2024] NSWDC 677

Cases citing this decision · 0 of 0 shown

No citing cases yet.

Cases cited in this decision · 15 of 15 shown

Elwdah v The King
[2024] NSWCCA 150 Para 87

…In Elwdah v R (2024) 388 FLR 452; [2024] NSWCCA 150 (Elwdah) , the Court of Criminal Appeal dealt with an appeal against the severity of sentence with respect to a single offence of grooming contrary to s 474.27AA(1) of the Criminal Code (Cth). Judge Colefax SC, after a discount of 25% for the plea of Guilty, had im…
R v Smith
[2024] NSWDC 242 Para 81

…In R v Smith [2024] NSWDC 242 ( Smith ), Judge Hanley SC dealt with an offender who had pleaded Guilty to three offences under the child sexual abuse provisions of the Commonwealth Criminal Code . They included the use of a carriage service to transmit child pornography to himself; the use of a carriage service to…
Hurt v The King
[2024] HCA 8 Para 74

…from the sittings in Taree, the High Court has confirmed the correctness of that approach in Hurt v The King; Delzotto v The King (2024) 98 ALJR 485; [2024] HCA 8.…
R v Davis
[2023] NSWDC 651 Para 21

…I agree in terms with the published Remarks of her Honour Judge Tupman in R v Davis [2023] NSWDC 651 ( Davis) where her Honour said as follows at [20]:…
R v Elwdah
[2023] NSWDC 416 Para 87

…In Elwdah v R (2024) 388 FLR 452; [2024] NSWCCA 150 (Elwdah) , the Court of Criminal Appeal dealt with an appeal against the severity of sentence with respect to a single offence of grooming contrary to s 474.27AA(1) of the Criminal Code (Cth). Judge Colefax SC, after a discount of 25% for the plea of Guilty, had imp…
R v Delzotto
[2022] NSWCCA 117 Para 67

…In that respect, I note the observations of Beech-Jones CJ at CL (as his Honour then was) in R v Delzotto (2022) 298 A Crim R 483; [2022] NSWCCA 117 at [4] where his Honour said:…
Darke v The The Queen
[2022] NSWCCA 52 Para 94

…Her Honour referred to Darke v R [2022] NSWCCA 52 at [31] to [36] when Lonergan J, Johnson and Dhanji JJ agreeing, had criticised a sentencing judge who had said nothing in the remarks suggesting he had applied focus to the mandatory consideration of the objective of rehabilitation and a consideration of whether it…
R v Delzotto
[2021] NSWDC 325 Para 74

…of the adjournment of these proceedings from the sittings in Taree, the High Court has confirmed the correctness of that approach in Hurt v The King; Delzotto v The King (2024) 98 ALJR 485; [2024] HCA 8.…
R v Pham
[2015] HCA 39 Para 97

…in Elwdah at [64], with regard to the use of Judicial Commission statistics, it had been noted by Bell and Gageler JJ in R v Pham (2015) 256 CLR 550; [2015] HCA 39 at [28] and [49] in particular, that: “[i]t is not meaningful to speak of a pattern of past sentences in the case of offences which are not frequentl…
Bahar v The Queen
[2011] WASCA 249 Para 73

…spect to the mandatory minimum penalty, applicable as a consequence of the offender’s prior convictions, relied upon Bahar v R (2011) 45 WAR 100; [2011] WASCA 249.…
Muldrock v The Queen
[2011] HCA 39

…ng that could ever result in the imposition of the” [mandatory] “minimum sentence is inconsistent with Muldrock v The Queen (2011) 244 CLR 120; [2011] HCA 39 and otherwise denies the fundamental precept that the determination of the appropriate sentence requires a consideration of all the relevant factors as par…
R v Asplund
[2010] NSWCCA 316 Para 71

…sexual abuse have been consistently recognised and applied in intermediate appellate courts (see for example R v Asplund (2010) 216 A Crim R 48; [2010] NSWCCA 316).…
Rampley v R
[2010] NSWCCA 293 Para 72

…Cases such as Rampley v R [2010] NSWCCA 293 at [37] recognise that the nature of such offences is such that the creation of fictitious identities and the involvement of police role-playing in communicating with offenders is a necessary means of law enforcement.…
The State of Western Australia v Collier
[2007] WASCA 250 Para 71

…Crown reminded the Court of the principles set out with respect to offences of “grooming” in Western Australia v Collier (2007) 178 A Crim R 310; [2007] WASCA 250. Those principles and the paramount public interest in protecting children from sexual abuse have been consistently recognised and applied in intermediat…
Markarian v The Queen
[2005] HCA 25

…ence requires a consideration of all the relevant factors as part of the “instinctive synthesis” (Markarian v The Queen (2005) 228 CLR 357; [2005] HCA 25).”…

Legislation cited in this decision · 6

Crimes (Sentencing Procedure) Act 1999 (NSW)
21A, 5, 67 7 mentions (from Para 65)
Crimes Act 1914 (Cth)
16, 16A, 16AAB, 17A, 20, 23ZD 7 mentions (from Para 65)
Court Suppression and Non-publication Orders Act 2010 (NSW)
11, 12, 7, 8 5 mentions (from Para 1)
Child Protection (Offenders Registration) Act 2000 (NSW)
16C, 17(1)Court 4 mentions (from Para 6)
Sex Offender Registration Act 2004 (Vic)
2 mentions (from Para 40)
Criminal Code Act 1995 (Cth)
1 mention

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 Darke v R [2022] NSWCCA 52 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 Rampley v R [2010] NSWCCA 293 R v Asplund (2010) 216 A Crim R 48; [2010] NSWCCA 316 R v Davis [2023] NSWDC 651 R v Delzotto (2022) 298 A Crim R 483; [2022] NSWCCA 117 R v Pham (2015) 256 CLR 550; [2015] HCA 39 R v Smith [2024] NSWDC 242 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: M Clifford-O’Sullivan (Crown) B Green (Offender) Solicitors: 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.