R v Hicks (No 2) [2015] NSWDC 384

R v Hicks (No 2) [2015] NSWDC 384

Although the offences were serious enough to require imprisonment, the court considered this an unusual group of offences and accepted the further assessment that the offender was suitable for an intensive corrections order. The court concluded that community safety would best be promoted by requiring treatment and supervision in the community, with imprisonment in gaol to follow if the offender did not comply.

Jurisdiction
Australia
Judgment Date
10 July 2015
Procedural Posture
Criminal Sentence / Sentence
Outcome
On each matter the offender was sentenced to imprisonment for two years, to be served by way of an intensive corrections order.
Legal Topics
['use a Carriage Service to Groom a Person Under the Age of 16' 'use a Carriage Service to Transmit an Indecent Communication' 'possess Child Abuse Material' 'intensive Corrections Order']
['criminal Law'] ['use a Carriage Service to Groom a Person Under the Age of 16' 'use a Carriage Service to Transmit an Indecent Communication' 'possess Child Abuse Material' 'intensive Corrections Order']

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Procedural Posture

Criminal Sentence / Sentence

Legal Issues

  1. 1 ['Whether the offender should serve a custodial sentence by way of an intensive corrections order rather than full-time custody.' "Whether conditions should be imposed to address the offender's risk of further offending."]

Ratio Decidendi

Although the offences were serious enough to require imprisonment, the court considered this an unusual group of offences and accepted the further assessment that the offender was suitable for an intensive corrections order. The court concluded that community safety would best be promoted by requiring treatment and supervision in the community, with imprisonment in gaol to follow if the offender did not comply.

Court Disposition

On each matter the offender was sentenced to imprisonment for two years, to be served by way of an intensive corrections order.

Orders

  • ['On each matter, the offender is sentenced to imprisonment for a period of two years.' 'The sentence is to be served by means of an intensive corrections order.' 'The offender is to complete the sex offender treatment program with an accredited psychologist.' 'The offender is to continue to see Phillip Screen...