R v Cameron Cameron [2018] NSWDC 389

R v Cameron Cameron [2018] NSWDC 389

The appropriate sentence was determined by reference to the seriousness of the attempted offence under s 91D(1)(b), the offender’s criminal record, and his mental health and drug dependency issues. While a full-time custodial sentence was necessary due to the offence and lack of alternative, special circumstances were found under s 44 of the Crimes (Sentencing Procedure) Act 1999, justifying a different ratio between head sentence and non-parole period. The sentence was backdated for reasons of totality and concurrency with previous sentences, resulting in a total term of 18 months with a 9 month non-parole period.

Parties
Crown: Director of Public Prosecutions; Offender: Cameron Cameron
Jurisdiction
Australia
Judgment Date
13 December 2018
Procedural Posture
Criminal / Sentencing
Outcome
Full-time custodial sentence imposed with non-parole period and special circumstances found; orders made as per judgment.
Legal Topics
Attempting to Act as Client With Child in Prostitution, Sentencing, Special Circumstances, Objective Seriousness
Criminal Law Attempting to Act as Client With Child in Prostitution Sentencing Special Circumstances Objective Seriousness

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Parties

Director of Public Prosecutions

Crown

Cameron Cameron

Offender

Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 What is the appropriate sentence for the offence of attempting to act as client with child in prostitution under s 91D(1)(b) of the Crimes Act 1900?
  2. 2 Whether special circumstances exist to warrant a variation in the ratio between head sentence and non-parole period
  3. 3 The relevance of offender's mental health, history, and prospects of rehabilitation in determining sentence

Ratio Decidendi

The appropriate sentence was determined by reference to the seriousness of the attempted offence under s 91D(1)(b), the offender’s criminal record, and his mental health and drug dependency issues. While a full-time custodial sentence was necessary due to the offence and lack of alternative, special circumstances were found under s 44 of the Crimes (Sentencing Procedure) Act 1999, justifying a different ratio between head sentence and non-parole period. The sentence was backdated for reasons of totality and concurrency with previous sentences, resulting in a total term of 18 months with a 9 month non-parole period.

Court Disposition

Full-time custodial sentence imposed with non-parole period and special circumstances found; orders made as per judgment.

Orders

  • Offender convicted of attempt act as client with child in prostitution under s 91D(1)(b) of the Crimes Act 1900.
  • Sentenced to imprisonment for 18 months: non-parole period of 9 months commencing 25 July 2018 and expiring 24 April 2019; balance of 9 months from 25 April 2019 to 24 January 2020.