R v McKeay [2020] NSWDC 408

R v McKeay [2020] NSWDC 408

The procuring offence was just below the middle of the range of objective seriousness, involved persistent explicit communications with a person believed to be 14 and an offer of $1000 for sexual activity, and required imprisonment to reflect general deterrence, denunciation and punishment, subject to a 25% discount for the early guilty plea and the offender's subjective circumstances. The child abuse material offence was at the low end of objective seriousness, involved seven ISB2 images without nudity on one device, and the court was not satisfied that imprisonment was required for that offence, so a conviction with no further penalty under s10A was appropriate.

Jurisdiction
Australia
Judgment Date
31 July 2020
Procedural Posture
Criminal Sentence / Sentence After Pleas of Guilty to Two Counts on the Indictment
Outcome
Offender convicted on both offences; sentenced to imprisonment for the Commonwealth offence and convicted with no further penalty for the NSW offence; forfeiture order made.
Legal Topics
['use Carriage Service to Procure Person Under 16 Years for Sexual Activity' 'possess Child Abuse Material' 'guilty Plea Discount' 'general Deterrence' 'personal Deterrence' 'rehabilitation' 'forfeiture']
['criminal Law' 'sentencing'] ['use Carriage Service to Procure Person Under 16 Years for Sexual Activity' 'possess Child Abuse Material' 'guilty Plea Discount' 'general Deterrence' 'personal Deterrence' 'rehabilitation' 'forfeiture']

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Procedural Posture

Criminal Sentence / Sentence After Pleas of Guilty to Two Counts on the Indictment

Legal Issues

  1. 1 ['What sentence should be imposed for using a carriage service to procure a person under 16 years for sexual activity contrary to s 474.26(1) of the Criminal Code (Cth).' 'What order should be made for possessing child abuse material contrary to s 91H(2) of the Crimes Act 1900 (NSW).' "How the offender's guilty plea, lack of prior criminal history, remorse, risk of reoffending, rehabilitation prospects and time in custody should affect sentence." 'Whether no penalty other than imprisonment was appropriate for the Commonwealth offence and whether an order under s10A of the Crimes (Sentencing Procedure) Act 1999 was appropriate for the State offence.']

Ratio Decidendi

The procuring offence was just below the middle of the range of objective seriousness, involved persistent explicit communications with a person believed to be 14 and an offer of $1000 for sexual activity, and required imprisonment to reflect general deterrence, denunciation and punishment, subject to a 25% discount for the early guilty plea and the offender's subjective circumstances. The child abuse material offence was at the low end of objective seriousness, involved seven ISB2 images without nudity on one device, and the court was not satisfied that imprisonment was required for that offence, so a conviction with no further penalty under s10A was appropriate.

Court Disposition

Offender convicted on both offences; sentenced to imprisonment for the Commonwealth offence and convicted with no further penalty for the NSW offence; forfeiture order made.

Orders

  • ['For the offence of using a carriage service to procure a person under 16 years of age for sexual activity contrary to s 474.26(1) of the Criminal Code (Cth), the offender was sentenced to imprisonment for 2 years, 3 months, backdated to 21 June 2019.' 'The offender is to be released on 20 September 2020 upon...