R v Terrence Edward Laybutt [2021] NSWDC 2

R v Terrence Edward Laybutt [2021] NSWDC 2

A sentence of 15 months imprisonment, with release on recognisance after 6 months, is appropriate given the objective and subjective seriousness of the offence, the repeated graphic sexual communications with apparent intent to procure a person under 16 for sexual activity, the need for general deterrence, and despite significant mitigating factors such as good character, age, mental health treatment, and contrition. The circumstances do not warrant an immediate release or non-custodial sentence, but the term was mitigated to account for such factors and a 25% discount for a guilty plea.

Parties
Prosecution: Regina (Crown); Offender: Terrence Edward Laybutt
Jurisdiction
Australia
Judgment Date
25 January 2021
Procedural Posture
Criminal / Sentencing
Outcome
Conviction; sentence of imprisonment imposed
Legal Topics
Child Sex Offences, Using Carriage Service to Groom Person, Sentencing
Criminal Law Child Sex Offences Using Carriage Service to Groom Person Sentencing

Case Brief

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Parties

Regina (Crown)

Prosecution

Terrence Edward Laybutt

Offender

Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 Appropriate sentence for using a carriage service to procure a person under 16 for sexual activity under s474.26(1) of the Commonwealth Criminal Code
  2. 2 Consideration of bail conditions and extra-curial punishment
  3. 3 Application of principles of general and specific deterrence

Ratio Decidendi

A sentence of 15 months imprisonment, with release on recognisance after 6 months, is appropriate given the objective and subjective seriousness of the offence, the repeated graphic sexual communications with apparent intent to procure a person under 16 for sexual activity, the need for general deterrence, and despite significant mitigating factors such as good character, age, mental health treatment, and contrition. The circumstances do not warrant an immediate release or non-custodial sentence, but the term was mitigated to account for such factors and a 25% discount for a guilty plea.

Court Disposition

Conviction; sentence of imprisonment imposed

Orders

  • Offender convicted under s474.26(1) Commonwealth Criminal Code
  • Sentenced to 15 months imprisonment commencing 25 January 2021, expiring 24 April 2022