R v Bredal [2023] NSWDC 656

R v Bredal [2023] NSWDC 656

Because the offender's conduct, though serious, was at the lower end of objective seriousness, he ceased offending and withdrew from contact before any meeting, he has no prior convictions, a low risk of sexual reoffending, and immediate custody would have a substantially detrimental impact on his three special needs children, a combination of these factors constitutes 'exceptional circumstances' justifying immediate release on a Recognizance Release Order under s 20(1)(b) Crimes Act 1914 (Cth).

Parties
Prosecution: Rex (Crown); Offender: Daniel Bredal
Jurisdiction
Australia
Judgment Date
17 November 2023
Procedural Posture
Criminal / Sentencing After Conviction by Jury
Outcome
Conviction entered; immediate release on Recognizance Release Order upon conditions
Legal Topics
Child Sex Offences, Grooming Using Carriage Service, Sentencing of Federal Offenders
Criminal Law Commonwealth Offences Child Sex Offences Grooming Using Carriage Service Sentencing of Federal Offenders

Case Brief

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Parties

Rex (Crown)

Prosecution

Daniel Bredal

Offender

Procedural Posture

Criminal / Sentencing After Conviction by Jury

Legal Issues

  1. 1 Appropriate sentence for using carriage service to groom person under 16 for sexual activity contrary to s 474.27(1) Criminal Code Act 1995 (Cth)
  2. 2 Whether 'exceptional circumstances' exist to justify immediate release on Recognizance Release Order under s 20(1)(b)(ii) Crimes Act 1914 (Cth)

Ratio Decidendi

Because the offender's conduct, though serious, was at the lower end of objective seriousness, he ceased offending and withdrew from contact before any meeting, he has no prior convictions, a low risk of sexual reoffending, and immediate custody would have a substantially detrimental impact on his three special needs children, a combination of these factors constitutes 'exceptional circumstances' justifying immediate release on a Recognizance Release Order under s 20(1)(b) Crimes Act 1914 (Cth).

Court Disposition

Conviction entered; immediate release on Recognizance Release Order upon conditions

Orders

  • Offender sentenced to 1 year and 7 months imprisonment commencing 17 November 2023.
  • Offender to be released immediately upon entering into a recognizance in the amount of $2,000 without security, to be of good behaviour for 3 years, supervised by a probation officer, not to travel interstate or overseas without consent, to undertake treatment as directed, and to report to Penrith office of...