Police v Ravshan USMANOV [2011] NSWLC 40

Police v Ravshan USMANOV [2011] NSWLC 40

Because the offence of publishing indecent images on Facebook was executed with planning, caused harm to the complainant, and involved the use of widespread technology, a sentence of imprisonment is the only appropriate penalty; section 10 is excluded due to seriousness, and a home detention order is suitable subject to assessment.

Parties
Prosecutor: Police; Defendant: Ravshan Usmanov
Jurisdiction
Australia
Judgment Date
09 November 2011
Procedural Posture
Criminal / Sentencing
Outcome
Convicted and sentenced to imprisonment for 6 months to be served by way of Home Detention, subject to suitability assessment.
Legal Topics
Publishing Indecent Article, Use of Technology in Offending, General Deterrence, Sentencing for Internet Offences
Criminal Law Publishing Indecent Article Use of Technology in Offending General Deterrence Sentencing for Internet Offences

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Parties

Police

Prosecutor

Ravshan Usmanov

Defendant

Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 What is the appropriate sentence for publishing indecent material of an adult on Facebook?
  2. 2 Is a penalty under s 10 of the Crimes (Sentencing Procedure) Act 1999 appropriate in these circumstances?

Ratio Decidendi

Because the offence of publishing indecent images on Facebook was executed with planning, caused harm to the complainant, and involved the use of widespread technology, a sentence of imprisonment is the only appropriate penalty; section 10 is excluded due to seriousness, and a home detention order is suitable subject to assessment.

Court Disposition

Convicted and sentenced to imprisonment for 6 months to be served by way of Home Detention, subject to suitability assessment.

Orders

  • Defendant convicted.
  • Sentenced to 6 months' imprisonment by way of Home Detention, subject to suitability assessment.