R v Swinton [2023] NSWDC 126

R v Swinton [2023] NSWDC 126

Given the nature of the offending, the lower range of seriousness, the fact that the indecent communications occurred on one day in each instance, the lack of significant harm, minimal contrition, but also the period already served in custody and strong family support, exceptional circumstances exist such that the offender should be sentenced to an aggregate 9 months imprisonment but released forthwith on a Recognisance Release Order for 18 months, subject to specified conditions.

Parties
Crown: Commonwealth DPP; Offender: Colin Bernard Swinton
Jurisdiction
Australia
Judgment Date
24 February 2023
Procedural Posture
Criminal / Sentence
Outcome
Conviction; aggregate sentence of 9 months imprisonment. Released forthwith on a Recognisance Release Order for 18 months upon recognisance of $500, subject to conditions. Forfeiture order made.
Legal Topics
Commonwealth Offences, Sentence, Child Sexual Offences, Use Carriage Service to Transmit Indecent Communication
Criminal Law Commonwealth Offences Sentence Child Sexual Offences Use Carriage Service to Transmit Indecent Communication

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Parties

Commonwealth DPP

Crown

Colin Bernard Swinton

Offender

Procedural Posture

Criminal / Sentence

Legal Issues

  1. 1 What is the appropriate sentence for using a carriage service to transmit indecent communication to a person under 16 years in contravention of s 474.27A(1) of the Commonwealth Criminal Code?

Ratio Decidendi

Given the nature of the offending, the lower range of seriousness, the fact that the indecent communications occurred on one day in each instance, the lack of significant harm, minimal contrition, but also the period already served in custody and strong family support, exceptional circumstances exist such that the offender should be sentenced to an aggregate 9 months imprisonment but released forthwith on a Recognisance Release Order for 18 months, subject to specified conditions.

Court Disposition

Conviction; aggregate sentence of 9 months imprisonment. Released forthwith on a Recognisance Release Order for 18 months upon recognisance of $500, subject to conditions. Forfeiture order made.

Orders

  • Offender convicted of each offence.
  • Aggregate sentence of imprisonment for 9 months.