R v Flynn [2019] NSWDC 806

R v Flynn [2019] NSWDC 806

Although no real child was involved and there was little likelihood the offender would have met the presumed child, the offending was serious because he entered a teenagers' chatroom, believed he was communicating with a 14 year old, made sexually suggestive communications and proposed possible sexual conduct. General deterrence required a custodial sentence, but the term was moderated by the early guilty plea, admissions, cooperation, ill health, vulnerability in custody, depression and family circumstances. A sentence of one year and eight months, with release after seven months and 29 days on recognizance, was appropriate.

Jurisdiction
Australia
Judgment Date
20 September 2019
Procedural Posture
Criminal Sentencing for Use of a Carriage Service to Groom a Child for Sexual Activity / Sentence After Early Plea of Guilty
Outcome
Offender convicted and sentenced to imprisonment for one year and eight months, with release at the expiration of seven months and 29 days upon entering a recognizance under s 20(1)(b) Crimes Act 1914 (Cth). A forfeiture order was made.
Legal Topics
['commonwealth Offender' 'use of Carriage Service to Groom Child for Sexual Activity' 'online Assumed Identity' 'general Deterrence' 'early Guilty Plea' 'ill Health in Custody']
['criminal Law' 'sentencing'] ['commonwealth Offender' 'use of Carriage Service to Groom Child for Sexual Activity' 'online Assumed Identity' 'general Deterrence' 'early Guilty Plea' 'ill Health in Custody']

Case Brief

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Procedural Posture

Criminal Sentencing for Use of a Carriage Service to Groom a Child for Sexual Activity / Sentence After Early Plea of Guilty

Legal Issues

  1. 1 ['What sentence should be imposed for using a carriage service to groom a person believed to be a 14 year old child for sexual activity.' 'Whether a custodial sentence was required having regard to the seriousness of the offence, the maximum penalty, general deterrence, the early guilty plea, admissions, cooperation, health and family circumstances.' 'What release order should be made under s 20(1)(b) Crimes Act 1914 (Cth).']

Ratio Decidendi

Although no real child was involved and there was little likelihood the offender would have met the presumed child, the offending was serious because he entered a teenagers' chatroom, believed he was communicating with a 14 year old, made sexually suggestive communications and proposed possible sexual conduct. General deterrence required a custodial sentence, but the term was moderated by the early guilty plea, admissions, cooperation, ill health, vulnerability in custody, depression and family circumstances. A sentence of one year and eight months, with release after seven months and 29 days on recognizance, was appropriate.

Court Disposition

Offender convicted and sentenced to imprisonment for one year and eight months, with release at the expiration of seven months and 29 days upon entering a recognizance under s 20(1)(b) Crimes Act 1914 (Cth). A forfeiture order was made.

Orders

  • ['You are convicted.' 'You are sentenced to a term of imprisonment of one year and eight months without hard labour to commence on 23/1/2019.' 'The custodial portion of the sentence will expire today.' 'I direct you be released today at the expiration of seven months and 29 days of your sentence upon you entering...