R v TD [2018] NSWDC 180

R v TD [2018] NSWDC 180

The objective seriousness of the grooming offence was considered to be mid-range due to the persistent and manipulative conduct, knowledge of the victim's age, and explicit sexual intent. The offence of possession of child abuse material was just below mid-range, given the number and nature of images. Youth and a guilty plea entitled the offender to a discount. Despite acknowledged mental health diagnoses, their dated nature and lack of evidence limited mitigation. The offences formed a single episode of criminality and warranted concurrent sentences. A custodial sentence was necessary for both offences.

Jurisdiction
Australia
Judgment Date
05 July 2018
Procedural Posture
Sentence / Sentence Determination After Plea of Guilty
Outcome
Full-time custodial sentence imposed
Legal Topics
['grooming for Unlawful Sexual Activity' 'possession of Child Abuse Material' 'sentencing Principles' 'child Protection']
['criminal Law'] ['grooming for Unlawful Sexual Activity' 'possession of Child Abuse Material' 'sentencing Principles' 'child Protection']

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Procedural Posture

Sentence / Sentence Determination After Plea of Guilty

Legal Issues

  1. 1 ['Assessment of the objective seriousness of offences under s 66EB(3) and s 91H(2) of the Crimes Act 1900' 'Determination of sentence structure, including concurrency and totality principles' 'Consideration of mental health and rehabilitation prospects in sentencing' 'The appropriateness of discount for guilty plea and remorse']

Ratio Decidendi

The objective seriousness of the grooming offence was considered to be mid-range due to the persistent and manipulative conduct, knowledge of the victim's age, and explicit sexual intent. The offence of possession of child abuse material was just below mid-range, given the number and nature of images. Youth and a guilty plea entitled the offender to a discount. Despite acknowledged mental health diagnoses, their dated nature and lack of evidence limited mitigation. The offences formed a single episode of criminality and warranted concurrent sentences. A custodial sentence was necessary for both offences.

Court Disposition

Full-time custodial sentence imposed

Orders

  • ['Convicted of grooming child for unlawful sexual activity (s 66EB(3) Crimes Act 1900); sentenced to 3 years imprisonment, non-parole period of 2 years (25 August 2017 – 24 August 2019), balance to 24 August 2020.' 'Convicted of possess child abuse material (s 91H(2) Crimes Act 1900); sentenced to 12 months...