R v McKeag [2018] NSWDC 523

R v McKeag [2018] NSWDC 523

Given the offender’s contrition, prospects of rehabilitation, lack of prior record, the nature and circumstances of the offence, and the seriousness marked out by statutory principles, the purposes of sentencing can be adequately met by imposing a sentence of imprisonment for 2 years, fully suspended upon entering into a recognizance for 3 years with relevant conditions.

Jurisdiction
Australia
Judgment Date
10 December 2018
Procedural Posture
Criminal / Sentence
Outcome
convicted and sentenced to imprisonment for 2 years, suspended upon entering into a recognizance for 3 years
Legal Topics
['use Carriage Service to Send Indecent Material' 'sentence' 'vulnerable Victim']
['criminal Law'] ['use Carriage Service to Send Indecent Material' 'sentence' 'vulnerable Victim']

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Procedural Posture

Criminal / Sentence

Legal Issues

  1. 1 ['appropriate sentence for offence under s 474.27A(1) Commonwealth Criminal Code' 'application of sentencing principles under Pt 1(b) Commonwealth Crimes Act and s 16A' 'degree of objective seriousness of the offending' 'extent of general and specific deterrence required' "consideration of offender's contrition and prospects of rehabilitation" 'whether custodial sentence is necessary']

Ratio Decidendi

Given the offender’s contrition, prospects of rehabilitation, lack of prior record, the nature and circumstances of the offence, and the seriousness marked out by statutory principles, the purposes of sentencing can be adequately met by imposing a sentence of imprisonment for 2 years, fully suspended upon entering into a recognizance for 3 years with relevant conditions.

Court Disposition

convicted and sentenced to imprisonment for 2 years, suspended upon entering into a recognizance for 3 years

Orders

  • ['Convicted.' 'Sentenced to imprisonment for a period of 2 years.' 'Released immediately upon entering into a recognizance pursuant to s 21B Commonwealth Crimes Act, without security, in the sum of $500, for a period of 3 years commencing 10 December 2018.' 'Conditions: be of good behaviour, appear for sentence if...