R v Scott Edward Roulston [2019] NSWDC 28

R v Scott Edward Roulston [2019] NSWDC 28

Although the communications were explicit and the offender believed he was grooming a 14 year old boy, the offending occurred over a short period, was unsophisticated, was not persistent or a bombardment, and the offender ceased communications of his own accord; accordingly the s 474.27(1) offence was towards the lower range for that section but remained serious. The transmission of indecent material increased seriousness and was taken into account under s 16BA. The absence of an actual victim did not reduce culpability. Given the seriousness of the offending, the need for general and personal deterrence, and guarded prospects of rehabilitation, no penalty other than imprisonment was...

Jurisdiction
Australia
Judgment Date
27 February 2019
Procedural Posture
Criminal Sentence / Sentence After Guilty Plea
Outcome
Convicted and sentenced to full-time imprisonment with a Recognisance Release Order; additional charge taken into account on sentence.
Legal Topics
['use Carriage Service to Groom Person Under 16 Years of Age' 'child Exploitation Offences' 'recognisance Release Order' 'utilitarian Discount for Guilty Plea' 'indecent Material Taken Into Account on Sentence']
['criminal Law' 'sentencing'] ['use Carriage Service to Groom Person Under 16 Years of Age' 'child Exploitation Offences' 'recognisance Release Order' 'utilitarian Discount for Guilty Plea' 'indecent Material Taken Into Account on Sentence']

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Procedural Posture

Criminal Sentence / Sentence After Guilty Plea

Legal Issues

  1. 1 ["What sentence should be imposed for the offender's guilty plea to using a carriage service to groom a person under 16 years of age pursuant to s 474.27(1) of the Criminal Code 1995 (Cth)." 'Whether the additional charge of using a carriage service to send indecent material to a person under 16 years of age pursuant to s 474.27A should be taken into account under s 16BA of the Crimes Act 1914 (Cth).' 'How to assess objective seriousness where the communications were explicit but occurred over a short period, involved an assumed online identity rather than an actual child, and the offender ceased communications of his own accord.' "Whether a full-time custodial sentence was required, and the weight to be given to the offender's early guilty plea, remorse, good character, risk of reoffending and prospects of rehabilitation."]

Ratio Decidendi

Although the communications were explicit and the offender believed he was grooming a 14 year old boy, the offending occurred over a short period, was unsophisticated, was not persistent or a bombardment, and the offender ceased communications of his own accord; accordingly the s 474.27(1) offence was towards the lower range for that section but remained serious. The transmission of indecent material increased seriousness and was taken into account under s 16BA. The absence of an actual victim did not reduce culpability. Given the seriousness of the offending, the need for general and personal deterrence, and guarded prospects of rehabilitation, no penalty other than imprisonment was...

Court Disposition

Convicted and sentenced to full-time imprisonment with a Recognisance Release Order; additional charge taken into account on sentence.

Orders

  • ['The offender is convicted of the offence pursuant to s 474.27(1) of the Criminal Code Act 1995 (Cth) of using carriage service to groom a person under 16 years of age.' 'The court certified that it took into account the additional charge of use carriage service to send indecent material to a person under 16 years...