R v BOZINOVSKI [2009] NSWDC 200

R v BOZINOVSKI [2009] NSWDC 200

Given the significant age gap, persistent predatory conduct over twelve days, and the serious nature of grooming a child under 16 via carriage service, only a sentence of full-time imprisonment is appropriate. General deterrence outweighs prior good character. A reduced sentence is applied for the guilty plea, recognising facilitation of justice.

Parties
Prosecution: The Crown; Offender: Toni Bozinovski
Jurisdiction
Australia
Judgment Date
04 June 2009
Procedural Posture
Criminal / Sentencing
Outcome
The offender is sentenced to imprisonment for two years and six months. He is to be released after serving one and a half years upon entering into a reconnaissance of $100, to be of good behaviour for the remainder, and to accept supervision of Probation and Parole Service.
Legal Topics
Sentencing, Using a Carriage Service to Groom a Person Under 16 Years, Predatory Behaviour
Criminal Law Sentencing Using a Carriage Service to Groom a Person Under 16 Years Predatory Behaviour

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Parties

The Crown

Prosecution

Toni Bozinovski

Offender

Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 Appropriate sentence for using carriage service to groom a person under 16 years contrary to s 474.27(1) Commonwealth Criminal Code
  2. 2 Degree of general deterrence required for such offences
  3. 3 Effect of the offender's character and plea on sentence

Ratio Decidendi

Given the significant age gap, persistent predatory conduct over twelve days, and the serious nature of grooming a child under 16 via carriage service, only a sentence of full-time imprisonment is appropriate. General deterrence outweighs prior good character. A reduced sentence is applied for the guilty plea, recognising facilitation of justice.

Court Disposition

The offender is sentenced to imprisonment for two years and six months. He is to be released after serving one and a half years upon entering into a reconnaissance of $100, to be of good behaviour for the remainder, and to accept supervision of Probation and Parole Service.

Orders

  • Imprisonment for two years and six months commencing 4 June 2009.
  • Offender to be released after one and a half years upon entering into a reconnaissance of $100.