R v Gilena [2018] NSWDC 419

R v Gilena [2018] NSWDC 419

Having regard to the seriousness of two Commonwealth grooming offences, the early guilty plea, the absence of real child victims because the communications were with assumed police identities, the offender's mental condition and treatment progress, prior good character, long unexplained delay, absence of further offending, cooperation, compliance with court orders and very good rehabilitation prospects, imprisonment was warranted but could be fully suspended on a supervised recognisance release order.

Jurisdiction
Australia
Judgment Date
17 September 2018
Procedural Posture
Criminal Sentencing / Sentence Following Early Plea of Guilty
Outcome
The offender was convicted of each offence and sentenced on each to 18 months imprisonment, fully suspended, with immediate release on a three-year supervised recognisance release order.
Legal Topics
['use Carriage Service to Groom Person Under 16 for Sex' 'commonwealth Offences' 'mental Health and Sentencing' 'suspended Sentence' 'recognisance Release Order' 'general Deterrence']
['criminal Law' 'sentencing' 'commonwealth Criminal Law'] ['use Carriage Service to Groom Person Under 16 for Sex' 'commonwealth Offences' 'mental Health and Sentencing' 'suspended Sentence' 'recognisance Release Order' 'general Deterrence']

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Procedural Posture

Criminal Sentencing / Sentence Following Early Plea of Guilty

Legal Issues

  1. 1 ['What sentence should be imposed for two offences under s 474.27(1) of the Criminal Code (Cth).' "How the offender's undiagnosed and untreated mental health issues, treatment progress, prior good character, early guilty plea, absence of further offending and delay should affect sentence." 'Whether a sentence of imprisonment should be imposed and, if so, whether it should be fully suspended on a recognisance release order.']

Ratio Decidendi

Having regard to the seriousness of two Commonwealth grooming offences, the early guilty plea, the absence of real child victims because the communications were with assumed police identities, the offender's mental condition and treatment progress, prior good character, long unexplained delay, absence of further offending, cooperation, compliance with court orders and very good rehabilitation prospects, imprisonment was warranted but could be fully suspended on a supervised recognisance release order.

Court Disposition

The offender was convicted of each offence and sentenced on each to 18 months imprisonment, fully suspended, with immediate release on a three-year supervised recognisance release order.

Orders

  • ['The offender is convicted of each offence.' 'In relation to each offence the offender is sentenced to a term of imprisonment of 18 months commencing today.' 'The offender is to be released forthwith on condition that he enter into a self recognisance in the sum of $100, be of good behaviour for 3 years, be...