R v Smith [2024] NSWDC 242

R v Smith [2024] NSWDC 242

Exceptional circumstances existed in light of the offender’s advanced age, health, unsophisticated and limited offending, voluntary cessation, low risk of recidivism, and absence of criminal antecedents, justifying a non-custodial outcome for count 1, an Intensive Corrections Order for count 2, and immediate release on a recognisance for count 3. The sentences imposed addressed both the seriousness of the offences and the offender’s personal mitigation, while meeting the statutory objectives of deterrence and community protection.

Jurisdiction
Australia
Judgment Date
06 May 2024
Procedural Posture
Criminal / Sentence
Outcome
Offender convicted on all counts. Non-custodial order for count 1, ICO for count 2, immediate release on recognisance for count 3.
Legal Topics
['child Sexual Offences' 'sentencing' 'use of Carriage Service for Child Abuse Material' 'grooming' 'procurement of Child for Sexual Activity']
['criminal Law'] ['child Sexual Offences' 'sentencing' 'use of Carriage Service for Child Abuse Material' 'grooming' 'procurement of Child for Sexual Activity']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Criminal / Sentence

Legal Issues

  1. 1 ['What is the appropriate sentence for the offender in light of the nature, circumstances, and objective seriousness of the offences?' 'Do exceptional circumstances exist justifying non-custodial or community-based sentences for some offences, despite legislative presumptions?']

Ratio Decidendi

Exceptional circumstances existed in light of the offender’s advanced age, health, unsophisticated and limited offending, voluntary cessation, low risk of recidivism, and absence of criminal antecedents, justifying a non-custodial outcome for count 1, an Intensive Corrections Order for count 2, and immediate release on a recognisance for count 3. The sentences imposed addressed both the seriousness of the offences and the offender’s personal mitigation, while meeting the statutory objectives of deterrence and community protection.

Court Disposition

Offender convicted on all counts. Non-custodial order for count 1, ICO for count 2, immediate release on recognisance for count 3.

Orders

  • ['Count 1: Recognisance release order, good behaviour for 6 months from date of sentence.' 'Count 2: 18 months imprisonment from date of sentence, served by Intensive Corrections Order (ICO) with standard and additional conditions as ordered, to expire 5 November 2025.' 'Count 3: 2 years imprisonment from date of...