R v KENYON [2018] NSWDC 458

R v KENYON [2018] NSWDC 458

Given the seriousness of the offender's conduct, the requirement for both general and personal deterrence, and the facts as admitted, no penalty other than full-time imprisonment was appropriate. A custodial sentence was mandated given legislative intent and precedents, with a limited non-parole period granted in light of the guilty plea, remorse, and prospects of rehabilitation.

Parties
Prosecution: Regina; Offender: John Alexander Kenyon
Jurisdiction
Australia
Judgment Date
22 November 2018
Procedural Posture
Criminal / Sentence
Outcome
Convicted. Sentence of imprisonment imposed with recognisance release order and forfeiture of devices.
Legal Topics
Commonwealth Offences, Carriage Service Sexual Offences Involving Children, Procurement of Person Under 16, Sentencing
Criminal Law Commonwealth Offences Carriage Service Sexual Offences Involving Children Procurement of Person Under 16 Sentencing

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Parties

Regina

Prosecution

John Alexander Kenyon

Offender

Procedural Posture

Criminal / Sentence

Legal Issues

  1. 1 Appropriate sentence for use of carriage service to procure persons under 16 years of age
  2. 2 Application of general and personal deterrence to internet grooming offences

Ratio Decidendi

Given the seriousness of the offender's conduct, the requirement for both general and personal deterrence, and the facts as admitted, no penalty other than full-time imprisonment was appropriate. A custodial sentence was mandated given legislative intent and precedents, with a limited non-parole period granted in light of the guilty plea, remorse, and prospects of rehabilitation.

Court Disposition

Convicted. Sentence of imprisonment imposed with recognisance release order and forfeiture of devices.

Orders

  • The offender is sentenced to a term of imprisonment for 2 years and 3 months commencing 11/8/17 and expiring 10/11/19.
  • The offender is to be released on 10/12/18 upon entering into a recognizance in the sum of $2,000 self-surety and on condition of good behaviour for the balance of 11 months.