R v Robinson [2019] NSWDC 871

R v Robinson [2019] NSWDC 871

The offender's conduct involved significant planning and exploitation of a deeply vulnerable 15-year-old child overseas who and whose family had become substantially dependent on him, and general deterrence and denunciation were important. Although the physical sexual activity was toward the lower end of acts short of intercourse and the offender had mitigating factors including a guilty plea, cooperation, remorse, no prior record, ill health and reduced mobility, those factors did not justify avoiding full-time custody. An aggregate sentence with partial accumulation and partial concurrence was appropriate because the offences were distinct but closely factually interrelated.

Jurisdiction
Australia
Judgment Date
11 June 2019
Procedural Posture
Criminal Sentence / Sentencing After Pleas of Guilty
Outcome
Peter Robinson was convicted on counts 1 and 2 and sentenced to an aggregate term of imprisonment of 3 years with a non-parole period of 2 years.
Legal Topics
['preparing or Planning to Commit an Offence of Engaging in Sexual Intercourse With a Child Outside Australia' 'engaging in Sexual Activity Other Than Sexual Intercourse With a Child Outside Australia in Circumstances of Aggravation' 'grooming a Child to Engage in Sexual Activity Outside Australia' 'child Under the Care or Supervision of the Offender' 'general Deterrence' 'denunciation' 'guilty Plea Discount' 'full Time Imprisonment']
['criminal Law' 'sentencing'] ['preparing or Planning to Commit an Offence of Engaging in Sexual Intercourse With a Child Outside Australia' 'engaging in Sexual Activity Other Than Sexual Intercourse With a Child Outside Australia in Circumstances of Aggravation' 'grooming a Child to Engage in Sexual Activity Outside Australia' 'child Under the Care or Supervision of the Offender' 'general Deterrence' 'denunciation' 'guilty Plea Discount' 'full Time Imprisonment']

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Procedural Posture

Criminal Sentence / Sentencing After Pleas of Guilty

Legal Issues

  1. 1 ['What sentence should be imposed for the offences on the indictment and the offence to be taken into account on the s 16BA schedule.' "How the objective seriousness of the offending should be assessed, including the complainant's age, vulnerability, impoverished circumstances, and the offender's planning and exploitation." "Whether the offender's plea of guilty, cooperation, remorse, prior good character, ill health and reduced mobility warranted amelioration of sentence or a non-custodial or suspended disposition." 'Whether full-time imprisonment was required despite the restraint required by s 17A.']

Ratio Decidendi

The offender's conduct involved significant planning and exploitation of a deeply vulnerable 15-year-old child overseas who and whose family had become substantially dependent on him, and general deterrence and denunciation were important. Although the physical sexual activity was toward the lower end of acts short of intercourse and the offender had mitigating factors including a guilty plea, cooperation, remorse, no prior record, ill health and reduced mobility, those factors did not justify avoiding full-time custody. An aggregate sentence with partial accumulation and partial concurrence was appropriate because the offences were distinct but closely factually interrelated.

Court Disposition

Peter Robinson was convicted on counts 1 and 2 and sentenced to an aggregate term of imprisonment of 3 years with a non-parole period of 2 years.

Orders

  • ['In relation to both counts 1 and 2, Peter Robinson is convicted.' 'The aggregate sentence is one of 3 years to date from 11 June 2019 and expires on 10 June 2022.' 'A non-parole period of 2 years is fixed, with the earliest date of potential release to parole being 10 June 2021.' 'There is to be no publication of...