R v RAYFIELD [2017] NSWDC 174

R v RAYFIELD [2017] NSWDC 174

A full-time custodial sentence is necessary given the offender's repeated and premeditated sexually explicit communications with a person he believed to be a 14-year-old girl over an extended period, with intent to groom her for sexual activity, culminating in arranging a meeting. The absence of a real child does not reduce culpability, and general deterrence is paramount. A 25% sentence reduction was allowed for the early guilty plea.

Jurisdiction
Australia
Judgment Date
20 June 2017
Procedural Posture
Criminal / Sentencing
Outcome
Conviction and sentence of imprisonment imposed. To be released on a recognisance after part of the sentence is served. Forfeiture of electronic devices to the Commonwealth.
Legal Topics
['sentence' 'use of a Carriage Service to Groom a Person Under 16 for Sexual Activity' 'objective Seriousness' 'general Deterrence' 'culpability' 'prospects of Rehabilitation']
['criminal Law'] ['sentence' 'use of a Carriage Service to Groom a Person Under 16 for Sexual Activity' 'objective Seriousness' 'general Deterrence' 'culpability' 'prospects of Rehabilitation']

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Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 ['Objective seriousness of online grooming where the victim is an assumed identity' 'Appropriateness of a custodial sentence versus suspended sentence' 'Effect of plea of guilty on sentence' 'Application of Crimes Act 1914 (Cth) s16A factors']

Ratio Decidendi

A full-time custodial sentence is necessary given the offender's repeated and premeditated sexually explicit communications with a person he believed to be a 14-year-old girl over an extended period, with intent to groom her for sexual activity, culminating in arranging a meeting. The absence of a real child does not reduce culpability, and general deterrence is paramount. A 25% sentence reduction was allowed for the early guilty plea.

Court Disposition

Conviction and sentence of imprisonment imposed. To be released on a recognisance after part of the sentence is served. Forfeiture of electronic devices to the Commonwealth.

Orders

  • ['The offender is convicted.' 'Sentenced to imprisonment for 2 years 7 months, commencing 20.6.2017 and expiring 19.1.2020.' 'To be released on a recognisance after 1 year and 4 months (release date 19.10.2018), recognise in the sum of $100, to be of good behaviour for 1 year 3 months thereafter.' 'Forfeiture of...