DPP -v- Tulk [2010] NSWLC 28

DPP -v- Tulk [2010] NSWLC 28

Given the objective seriousness below the mid-point, the significant age disparity, use of the Internet to meet the complainant, the necessity for general deterrence, and strong subjective factors including remorse, prior good character, and low risk of reoffending, the only appropriate sentence is full-time custody. Discount for early guilty plea applied. Concurrent sentences imposed. Special circumstances found for parole and supervision.

Parties
Prosecutor: Director of Public Prosecutions; Defendant: David Tulk
Jurisdiction
Australia
Judgment Date
14 December 2010
Procedural Posture
Criminal / Sentencing
Outcome
conviction and sentence
Legal Topics
Sexual Offences, Sentencing, Children as Complainants, General Deterrence, Use of Internet in Offences
Criminal Law Sexual Offences Sentencing Children as Complainants General Deterrence Use of Internet in Offences

Case Brief

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Parties

Director of Public Prosecutions

Prosecutor

David Tulk

Defendant

Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 What is the appropriate sentence for sexual intercourse with a person aged between 14 and 16 years under s 66C(3) Crimes Act 1900?
  2. 2 How should general deterrence and the use of the Internet in offending impact sentence?
  3. 3 Is a sentence of full-time custody the only appropriate sentence in the circumstances?

Ratio Decidendi

Given the objective seriousness below the mid-point, the significant age disparity, use of the Internet to meet the complainant, the necessity for general deterrence, and strong subjective factors including remorse, prior good character, and low risk of reoffending, the only appropriate sentence is full-time custody. Discount for early guilty plea applied. Concurrent sentences imposed. Special circumstances found for parole and supervision.

Court Disposition

conviction and sentence

Orders

  • In respect of each of the matters to which the offender has pleaded guilty he is convicted.
  • For Sequence 1 (principal count and Form 1 offences): non-parole period of 6 months from 14 December 2010 to 13 June 2011; balance of term 7 months from 14 June 2011 to 12 January 2012.