R v Fuller [2010] NSWCCA 192

R v Fuller [2010] NSWCCA 192

The sentencing judge erred by treating the respondent's vow of celibacy and absence of an actual victim as mitigating factors, and by failing to give proper weight to principles of general deterrence and the gravity of the offence; the original sentence was manifestly inadequate and must be quashed.

Jurisdiction
Australia
Judgment Date
22 October 2010
Procedural Posture
Crown Appeal Against Sentence / Judgment on Appeal
Outcome
Crown appeal upheld; original sentence quashed; new sentence imposed with imprisonment and recognisance; forfeiture ordered.
Legal Topics
['sentencing' 'use of Carriage Service for Sexual Communication With Minor' 'mitigating Factors' 'entrapment' 'forfeiture of Proceeds of Crime']
['criminal Law'] ['sentencing' 'use of Carriage Service for Sexual Communication With Minor' 'mitigating Factors' 'entrapment' 'forfeiture of Proceeds of Crime']

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Procedural Posture

Crown Appeal Against Sentence / Judgment on Appeal

Legal Issues

  1. 1 ['Whether the sentence imposed by the District Court was manifestly inadequate' 'Whether the vow of celibacy imposed on Catholic priests was a mitigating factor' 'Whether absence of an actual victim and alleged entrapment were mitigating factors' 'Whether the sentencing judge erred in not making a forfeiture order for the laptop and Bluetooth cable']

Ratio Decidendi

The sentencing judge erred by treating the respondent's vow of celibacy and absence of an actual victim as mitigating factors, and by failing to give proper weight to principles of general deterrence and the gravity of the offence; the original sentence was manifestly inadequate and must be quashed.

Court Disposition

Crown appeal upheld; original sentence quashed; new sentence imposed with imprisonment and recognisance; forfeiture ordered.

Orders

  • ['The Crown appeal is upheld.' 'The sentence imposed in the District Court is quashed.' 'A term of imprisonment of 18 months from 24 February 2010 to 23 August 2011 is imposed, with respondent to be released on or after 24 August 2010 upon entering into a recognisance of $1,000 to be of good behaviour for the...