R v AYOUB [2011] NSWDC 133

R v AYOUB [2011] NSWDC 133

The offence warranted a custodial sentence because the offender made highly indecent communications and intended to meet and attempt sexual activity with what he believed was a fourteen year old boy. The seriousness was moderated by the fact that the 18 August communication was initiated by police, no actual fourteen year old was involved in the later communications, the offender pleaded guilty, and his schizoaffective disorder, developmental delay and drug use reduced the weight of general deterrence. Immediate release was refused because he needed to understand that offences of this kind lead to custody, but his condition justified a relatively short period in custody followed by a...

Jurisdiction
Australia
Judgment Date
28 July 2011
Procedural Posture
Criminal Sentence / Sentencing After Guilty Plea
Outcome
Sentenced to imprisonment for a period of 3 years, to be released after serving one year in custody upon entering into a self recognizance of $100 to be of good behaviour for 2 years from the date of release.
Legal Topics
['using a Carriage Service to Procure a Person Under 16 Years of Age for Sexual Activity' 'using a Carriage Service to Transmit Indecent Communications to a Person Under the Age of Sixteen' 'mental Health Issues in Sentencing' 'recognizance Release Order']
['criminal Law' 'sentencing'] ['using a Carriage Service to Procure a Person Under 16 Years of Age for Sexual Activity' 'using a Carriage Service to Transmit Indecent Communications to a Person Under the Age of Sixteen' 'mental Health Issues in Sentencing' 'recognizance Release Order']

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Procedural Posture

Criminal Sentence / Sentencing After Guilty Plea

Legal Issues

  1. 1 ['What sentence should be imposed for using a carriage service to procure a person under sixteen years of age for sexual activity.' 'Whether to take into account a closely related offence of using a carriage service to transmit indecent communications to a person under the age of sixteen under s 16B(a) of the Commonwealth Crimes Act.' "How the offender's schizoaffective disorder, developmental delay and drug use should affect the sentence, including general and personal deterrence." 'Whether the offender should be released immediately after approximately eleven months in custody or serve further time before release on recognizance.']

Ratio Decidendi

The offence warranted a custodial sentence because the offender made highly indecent communications and intended to meet and attempt sexual activity with what he believed was a fourteen year old boy. The seriousness was moderated by the fact that the 18 August communication was initiated by police, no actual fourteen year old was involved in the later communications, the offender pleaded guilty, and his schizoaffective disorder, developmental delay and drug use reduced the weight of general deterrence. Immediate release was refused because he needed to understand that offences of this kind lead to custody, but his condition justified a relatively short period in custody followed by a...

Court Disposition

Sentenced to imprisonment for a period of 3 years, to be released after serving one year in custody upon entering into a self recognizance of $100 to be of good behaviour for 2 years from the date of release.

Orders

  • ['The offender is sentenced to imprisonment for three years.' 'The offender is to be released on a recognizance release order after serving one year in custody, dated from 23 August 2010, with release from custody on 22 August 2011.' 'The offender is to enter into a good behaviour bond in the sum of $100.' 'The...