R v Wood [2021] NSWDC 520

R v Wood [2021] NSWDC 520

Given the objective seriousness and persistence of the offence, its nature of involving intended sexual activity with a person believed to be under 16, and the requirements of general deterrence and the statutory framework, a term of imprisonment is warranted, tempered by recognition of the plea of guilty and low risk of re-offending, resulting in a custodial sentence with conditional release on recognisance.

Parties
Prosecutor: Regina (Commonwealth Director of Public Prosecutions); Offender: Robert Wood
Jurisdiction
Australia
Judgment Date
07 June 2021
Procedural Posture
Criminal / Sentence
Outcome
conviction and sentence imposed
Legal Topics
Sentencing, Commonwealth Child Sexual Offences, Imprisonment, Recognisance, Deterrence, Rehabilitation, Objective Seriousness
Criminal Law Sentencing Commonwealth Child Sexual Offences Imprisonment Recognisance Deterrence Rehabilitation Objective Seriousness

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Parties

Regina (Commonwealth Director of Public Prosecutions)

Prosecutor

Robert Wood

Offender

Procedural Posture

Criminal / Sentence

Legal Issues

  1. 1 Appropriate sentence for offence contrary to s 474.26(1) of the Criminal Code (Cth) involving use of carriage service to transmit communications to person under 16 with intent to procure recipient to engage in sexual activity
  2. 2 Consideration of general and specific deterrence
  3. 3 Relevance of lack of actual victim

Ratio Decidendi

Given the objective seriousness and persistence of the offence, its nature of involving intended sexual activity with a person believed to be under 16, and the requirements of general deterrence and the statutory framework, a term of imprisonment is warranted, tempered by recognition of the plea of guilty and low risk of re-offending, resulting in a custodial sentence with conditional release on recognisance.

Court Disposition

conviction and sentence imposed

Orders

  • The offender is convicted of the offence.
  • Imprisonment for two years and three months commencing 4 November 2020 and expiring 3 February 2023.