R v Donald [2021] NSWDC 246

R v Donald [2021] NSWDC 246

The offender used a carriage service to send distressing and offensive messages for sexual gratification, constituting a serious example of an offence under s 474.17(1) of the Criminal Code Act 1995 (Cth). Having regard to specific and general deterrence, lack of contrition, and the offender's subjective circumstances, a term of imprisonment was warranted but immediate release was ordered taking into account time already served, with conditions for good behaviour and security as per s 20(1)(b) Crimes Act 1914 (Cth).

Parties
Prosecutor: Regina (Crown); Offender: Stanley Barclay Donald
Jurisdiction
Australia
Judgment Date
04 June 2021
Procedural Posture
Criminal / Sentence
Outcome
convicted and sentenced to imprisonment, immediate release on recognizance, conditions imposed
Legal Topics
Use of Carriage Service in Menacing, Harassing or Offensive Manner, Sentencing Principles, General Deterrence, Recognizance Release Order
Criminal Law Use of Carriage Service in Menacing, Harassing or Offensive Manner Sentencing Principles General Deterrence Recognizance Release Order

Case Brief

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Parties

Regina (Crown)

Prosecutor

Stanley Barclay Donald

Offender

Procedural Posture

Criminal / Sentence

Legal Issues

  1. 1 Whether the conduct involved using a carriage service in a manner which was menacing, harassing, or offensive contrary to s 474.17(1) of the Criminal Code Act 1995 (Cth)
  2. 2 Appropriate sentence having regard to subjective and objective circumstances
  3. 3 Application of sentencing principles under Crimes Act 1914 (Cth)

Ratio Decidendi

The offender used a carriage service to send distressing and offensive messages for sexual gratification, constituting a serious example of an offence under s 474.17(1) of the Criminal Code Act 1995 (Cth). Having regard to specific and general deterrence, lack of contrition, and the offender's subjective circumstances, a term of imprisonment was warranted but immediate release was ordered taking into account time already served, with conditions for good behaviour and security as per s 20(1)(b) Crimes Act 1914 (Cth).

Court Disposition

convicted and sentenced to imprisonment, immediate release on recognizance, conditions imposed

Orders

  • Stanley Barclay Donald convicted of Count 1 (Sequence 4) for using a carriage service in a manner menacing, harassing or offensive.
  • Sentenced to 10 months imprisonment commencing 1 September 2020, expiring 30 June 2021.