R v Fisher [2022] NSWDC 98

R v Fisher [2022] NSWDC 98

The offending was serious, involved repeated grossly sexual communications and proposed sexual activity with a fictitious nine-year-old child over just under two months, and required denunciation, general deterrence, personal deterrence and full-time imprisonment. The absence of an actual child did not reduce objective seriousness. Having regard to the guilty pleas, lack of prior convictions, good character, the Form 1 offences, partial accumulation and special circumstances, an aggregate sentence of five years imprisonment with a non-parole period of two and a half years was appropriate. An Intensive Correction Order was refused because serving the sentence in the community would...

Jurisdiction
Australia
Judgment Date
18 March 2022
Procedural Posture
Criminal Sentencing / Sentence After Guilty Pleas in the District Court of New South Wales
Outcome
Offender convicted and sentenced to an aggregate term of imprisonment of five years with an aggregate non-parole period of two and a half years; Intensive Correction Order refused.
Legal Topics
['procuring or Grooming a Child Under 16 for Unlawful Sexual Activity' 'inciting a Child Under 10 to Sexually Touch Another Person' 'producing Child Abuse Material' 'inciting Another Person to Carry Out a Sexual Act With or Towards a Child Under 10' 'standard Non Parole Periods' 'form 1 Offences' 'aggregate Sentence' 'intensive Correction Order']
['criminal Law' 'sentencing'] ['procuring or Grooming a Child Under 16 for Unlawful Sexual Activity' 'inciting a Child Under 10 to Sexually Touch Another Person' 'producing Child Abuse Material' 'inciting Another Person to Carry Out a Sexual Act With or Towards a Child Under 10' 'standard Non Parole Periods' 'form 1 Offences' 'aggregate Sentence' 'intensive Correction Order']

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Procedural Posture

Criminal Sentencing / Sentence After Guilty Pleas in the District Court of New South Wales

Legal Issues

  1. 1 ['What sentence should be imposed for the four principal child sexual offending charges and the two Form 1 offences.' 'Whether the absence of an actual child victim mitigated or reduced the objective seriousness of the offending.' 'How the standard non-parole periods, objective seriousness, guilty pleas, lack of prior convictions, good character, remorse, special circumstances and partial accumulation should affect sentence.' 'Whether the sentence could be served by way of an Intensive Correction Order.']

Ratio Decidendi

The offending was serious, involved repeated grossly sexual communications and proposed sexual activity with a fictitious nine-year-old child over just under two months, and required denunciation, general deterrence, personal deterrence and full-time imprisonment. The absence of an actual child did not reduce objective seriousness. Having regard to the guilty pleas, lack of prior convictions, good character, the Form 1 offences, partial accumulation and special circumstances, an aggregate sentence of five years imprisonment with a non-parole period of two and a half years was appropriate. An Intensive Correction Order was refused because serving the sentence in the community would...

Court Disposition

Offender convicted and sentenced to an aggregate term of imprisonment of five years with an aggregate non-parole period of two and a half years; Intensive Correction Order refused.

Orders

  • ['Craig James Fisher is convicted of the offences to which he pleaded guilty.' 'The offender is sentenced to a term of imprisonment of five years commencing 20 November 2020 and expiring 19 November 2025.' 'An aggregate non-parole period of two and a half years is imposed, commencing 20 November 2020 and expiring 19...