R v Shashank Singh [2009] NSWDC 120
Given the objective seriousness of the conduct, including persistent and predatory communication with a person believed to be under sixteen, introduction of pornography, offending while on a good behaviour bond, and prior criminal history, a sentence of four years imprisonment is appropriate, with a non-parole period of two years, taking into account some remorse and the restricted conditions of protection.
- Jurisdiction
- Australia
- Judgment Date
- 19 May 2009
- Procedural Posture
- Criminal / Sentencing
- Outcome
- convicted and sentenced
- Legal Topics
- ['using Carriage Service to Procure Person Under Sixteen' 'online Grooming' 'sentencing' 'objective Seriousness' 'remorse' 'aggravating Factors']
Case Brief
Summary, issues, holding and outcome
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Procedural Posture
Criminal / Sentencing
Legal Issues
- 1 ['What is the appropriate sentence for using a carriage service to procure a person under sixteen for sexual activity under s 474.26(1) of the Criminal Code 1995?' 'What factors aggravate or mitigate the seriousness of the offending?']
Ratio Decidendi
Given the objective seriousness of the conduct, including persistent and predatory communication with a person believed to be under sixteen, introduction of pornography, offending while on a good behaviour bond, and prior criminal history, a sentence of four years imprisonment is appropriate, with a non-parole period of two years, taking into account some remorse and the restricted conditions of protection.
Court Disposition
convicted and sentenced
Orders
- ['Four years imprisonment from 2 January 2009 to 1 January 2013' 'Non-parole period of two years expiring 1 January 2011']
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