R v Elwdah [2023] NSWDC 416

R v Elwdah [2023] NSWDC 416

The offender pleaded guilty to using a carriage service to transmit communications intending to make it easier to procure a person he believed was under 16 for sexual activity. The offence was slightly below mid-range objective seriousness, but the intended victim was under 10, the offender had a sexual interest in pre-pubescent female children, genuine remorse was not established, rehabilitation prospects were guarded, and deterrence, denunciation, punishment and community protection were fully engaged. No sentence other than imprisonment was appropriate, and an intensive correction order was not appropriate. After a 25 per cent discount for the early plea, the appropriate sentence was...

Jurisdiction
Australia
Judgment Date
06 October 2023
Procedural Posture
Criminal Sentence / Sentence Following Plea of Guilty
Outcome
Imprisonment for 2 years 3 months; to be admitted to a recognizance release order at the expiration of 12 months, without security.
Legal Topics
['use of Carriage Service' 'procuring a Child for Sexual Activity' 'child Sexual Offending' 'recognizance Release Order']
['criminal Law' 'sentencing'] ['use of Carriage Service' 'procuring a Child for Sexual Activity' 'child Sexual Offending' 'recognizance Release Order']

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Procedural Posture

Criminal Sentence / Sentence Following Plea of Guilty

Legal Issues

  1. 1 ['Assessment of the objective seriousness of using a carriage service to transmit communications with the intention of making it easier to procure a child believed to be under 16 years for sexual activity.' "Whether the offender's subjective circumstances, plea of guilty, lack of prior convictions, rehabilitation prospects and risk of reoffending justified any sentence other than immediate imprisonment." 'Whether an intensive correction order was an appropriate means of serving the term of imprisonment.' 'Whether the sentence should be partially suspended with a recognizance release order under s 20(1)(b) of the Crimes Act 1914 (Cth).']

Ratio Decidendi

The offender pleaded guilty to using a carriage service to transmit communications intending to make it easier to procure a person he believed was under 16 for sexual activity. The offence was slightly below mid-range objective seriousness, but the intended victim was under 10, the offender had a sexual interest in pre-pubescent female children, genuine remorse was not established, rehabilitation prospects were guarded, and deterrence, denunciation, punishment and community protection were fully engaged. No sentence other than imprisonment was appropriate, and an intensive correction order was not appropriate. After a 25 per cent discount for the early plea, the appropriate sentence was...

Court Disposition

Imprisonment for 2 years 3 months; to be admitted to a recognizance release order at the expiration of 12 months, without security.

Orders

  • ['The offender is sentenced to imprisonment for 2 years 3 months commencing on 6 October 2023.' 'Pursuant to s 20(1)(b) of the Crimes Act 1914 (Cth), at the expiration of 12 months the sentence is partially suspended and the offender is to be admitted to a recognizance release order, without security, in the sum of...