R v Kolevski [2020] NSWDC 890

R v Kolevski [2020] NSWDC 890

Given the seriousness of offences involving grooming and indecent communication with a person under 16, and the need to protect children from harm, custodial sentences must be imposed, structured to account for guilty pleas, admissions, risk assessment, and prospects for rehabilitation, with sentencing accumulation to reflect separate offending.

Jurisdiction
Australia
Judgment Date
04 December 2020
Procedural Posture
Criminal / Sentencing
Outcome
sentenced to imprisonment with a single recognisance release order
Legal Topics
['use Carriage Service to Send Indecent Material to Person Under 16' 'use Carriage Service to Groom Under 16 Years for Sex' 'sentencing' 'early Plea' 'totality' 'use of Assumed Online Identity' 'disclosure of Other Offences' 'accumulation on State Sentences']
['criminal Law'] ['use Carriage Service to Send Indecent Material to Person Under 16' 'use Carriage Service to Groom Under 16 Years for Sex' 'sentencing' 'early Plea' 'totality' 'use of Assumed Online Identity' 'disclosure of Other Offences' 'accumulation on State Sentences']

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Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 ['Whether the offender should be sentenced to imprisonment for offences involving use of carriage service to send indecent material and to groom persons under 16 years for sex' 'The appropriate length and structure of custodial and release orders given guilty pleas, admissions, and personal circumstances']

Ratio Decidendi

Given the seriousness of offences involving grooming and indecent communication with a person under 16, and the need to protect children from harm, custodial sentences must be imposed, structured to account for guilty pleas, admissions, risk assessment, and prospects for rehabilitation, with sentencing accumulation to reflect separate offending.

Court Disposition

sentenced to imprisonment with a single recognisance release order

Orders

  • ["For 'Use carriage service to send indecent material to person <16': Two years' imprisonment commencing 13 August 2020 and expiring 13 August 2022." "For 'Use carriage service to groom under 16 years for sex': Two years three months' imprisonment commencing 13 February 2021 and expiring 12 May 2023." 'Total...