R v Nguyen [2016] NSWDC 395

R v Nguyen [2016] NSWDC 395

Given the nature of the grooming offence, absence of real victim, circumstances of the offender, and the fact that general deterrence remains of importance, a custodial sentence is required but, considering the totality of factors, an Intensive Corrections Order is the most appropriate outcome.

Jurisdiction
Australia
Judgment Date
11 November 2016
Procedural Posture
Criminal / Sentencing
Outcome
The offender is referred for assessment as to his suitability to serve his sentence by means of an Intensive Corrections Order; matter adjourned for assessment.
Legal Topics
['sentencing' 'use of Carriage Service to Groom a Person Under 16' 'objective Gravity of Offence' 'general Deterrence' 'intensive Corrections Order']
['criminal Law'] ['sentencing' 'use of Carriage Service to Groom a Person Under 16' 'objective Gravity of Offence' 'general Deterrence' 'intensive Corrections Order']

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Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 ['What is the appropriate sentence for the offender who used a carriage service to groom a person believed to be under 16 years of age?' 'How should the objective gravity of the offence be assessed given no real child was harmed and the nature of the intended conduct?' 'Should an Intensive Corrections Order be imposed instead of fulltime custody?']

Ratio Decidendi

Given the nature of the grooming offence, absence of real victim, circumstances of the offender, and the fact that general deterrence remains of importance, a custodial sentence is required but, considering the totality of factors, an Intensive Corrections Order is the most appropriate outcome.

Court Disposition

The offender is referred for assessment as to his suitability to serve his sentence by means of an Intensive Corrections Order; matter adjourned for assessment.

Orders

  • ['Referred for assessment for Intensive Corrections Order' 'Adjourned to Friday 27 January 2017']