R v Robert Leslie Watson [2018] NSWDC 185

R v Robert Leslie Watson [2018] NSWDC 185

The offences were objectively serious Commonwealth child sexual and child pornography offences committed deliberately and persistently over lengthy periods for the offender's sexual gratification. The grooming offence was in the mid-range of objective seriousness, towards the lower end of that range, and the transmission and solicitation offences were also within the mid-range. General deterrence, personal deterrence, punishment and protection of children required full-time imprisonment. Although the offender's schizophrenia, medication non-compliance, drug use and social isolation reduced moral culpability to some extent and justified a longer period of supervision, his lack of...

Jurisdiction
Australia
Judgment Date
05 July 2018
Procedural Posture
Criminal Sentence / Remarks on Sentence After Jury Verdicts of Guilty
Outcome
Offender convicted and sentenced to an aggregate full-time custodial sentence of 6 years imprisonment with a non-parole period of 3 years and 6 months; forfeiture order confirmed.
Legal Topics
['use Carriage Service to Groom Person Under 16 Years of Age for Sexual Activity' 'use Carriage Service to Transmit Child Pornography Material' 'use Carriage Service to Solicit Child Pornography Material' 'aggregate Sentence' 'objective Seriousness' 'general Deterrence' 'mental Illness in Sentencing' 'forfeiture']
['criminal Law' 'sentencing' 'child Sexual Offences' 'commonwealth Offences'] ['use Carriage Service to Groom Person Under 16 Years of Age for Sexual Activity' 'use Carriage Service to Transmit Child Pornography Material' 'use Carriage Service to Solicit Child Pornography Material' 'aggregate Sentence' 'objective Seriousness' 'general Deterrence' 'mental Illness in Sentencing' 'forfeiture']

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Procedural Posture

Criminal Sentence / Remarks on Sentence After Jury Verdicts of Guilty

Legal Issues

  1. 1 ["What sentence should be imposed for the offender's convictions for grooming a person he believed to be under 16 and for transmitting and soliciting child pornography material using a carriage service." 'How the objective seriousness of each offence should be assessed.' 'What weight should be given to general deterrence, personal deterrence, mental illness, lack of contrition, prospects of rehabilitation and totality.' 'Whether an aggregate sentence with some accumulation was appropriate.']

Ratio Decidendi

The offences were objectively serious Commonwealth child sexual and child pornography offences committed deliberately and persistently over lengthy periods for the offender's sexual gratification. The grooming offence was in the mid-range of objective seriousness, towards the lower end of that range, and the transmission and solicitation offences were also within the mid-range. General deterrence, personal deterrence, punishment and protection of children required full-time imprisonment. Although the offender's schizophrenia, medication non-compliance, drug use and social isolation reduced moral culpability to some extent and justified a longer period of supervision, his lack of...

Court Disposition

Offender convicted and sentenced to an aggregate full-time custodial sentence of 6 years imprisonment with a non-parole period of 3 years and 6 months; forfeiture order confirmed.

Orders

  • ['The offender is convicted of the offence pursuant to s 474.27(1) of the Criminal Code 1995 (Cth) of use carriage service to groom person under 16 years of age for sexual activity.' 'The offender is convicted of the offence pursuant to s 474.19(1) of the Criminal Code 1995 (Cth) of use carriage service to transmit...