R v Hastings Fredrickson (No 1) [2015] NSWDC 114

R v Hastings Fredrickson (No 1) [2015] NSWDC 114

The offender's emails were an offensive use of a carriage service because they transmitted covertly recorded sexual images and degrading descriptions of women to members of the so-called Jedi Council, betraying trust and exposing the victims to humiliation and serious harm. Although the material was not intended for the victims or the world at large and the most serious victim impact followed indirectly from discovery of the offending, the objective seriousness, breach of trust and need for general deterrence required imprisonment. The offender's early plea, lack of criminal history, significant extra-curial punishment, personal circumstances and accepted psychological diagnosis justified...

Jurisdiction
Australia
Judgment Date
09 February 2015
Procedural Posture
Criminal Sentencing for Three Counts of Using a Carriage Service in a Way Reasonable Persons Would Regard as Menacing, Harassing or Offensive Contrary to S 474.17(1) of the Criminal Code (commonwealth) / Sentence After Early Guilty Plea
Outcome
Convicted and sentenced to imprisonment on each count, with assessment directed for suitability for an intensive correction order.
Legal Topics
['use of Carriage Service' 'offensive Communications' 'victim Impact Statements' 'general Deterrence' 'intensive Correction Order' 'expert Psychological Evidence']
['criminal Law' 'sentencing'] ['use of Carriage Service' 'offensive Communications' 'victim Impact Statements' 'general Deterrence' 'intensive Correction Order' 'expert Psychological Evidence']

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Procedural Posture

Criminal Sentencing for Three Counts of Using a Carriage Service in a Way Reasonable Persons Would Regard as Menacing, Harassing or Offensive Contrary to S 474.17(1) of the Criminal Code (commonwealth) / Sentence After Early Guilty Plea

Legal Issues

  1. 1 ['What sentence was appropriate for three offences contrary to s 474.17(1) of the Criminal Code (Commonwealth).' "How objectively serious the offender's use of email to disseminate covertly recorded sexual images and degrading descriptions was." 'What weight should be given to the victim impact statements.' "What weight should be given to the offender's early plea, lack of prior criminal history, psychological evidence, remorse, extra-curial punishment and prospects of rehabilitation." 'Whether imprisonment was required and whether the offender should be assessed for an intensive correction order.']

Ratio Decidendi

The offender's emails were an offensive use of a carriage service because they transmitted covertly recorded sexual images and degrading descriptions of women to members of the so-called Jedi Council, betraying trust and exposing the victims to humiliation and serious harm. Although the material was not intended for the victims or the world at large and the most serious victim impact followed indirectly from discovery of the offending, the objective seriousness, breach of trust and need for general deterrence required imprisonment. The offender's early plea, lack of criminal history, significant extra-curial punishment, personal circumstances and accepted psychological diagnosis justified...

Court Disposition

Convicted and sentenced to imprisonment on each count, with assessment directed for suitability for an intensive correction order.

Orders

  • ['In respect of each offence, the offender was convicted and sentenced to a term of 15 months imprisonment.' 'The offender was directed to be assessed for suitability for an intensive correction order, and if suitable the judge proposed to make such orders.']