R v Hicks [2015] NSWDC 67

R v Hicks [2015] NSWDC 67

Given the unusual factual features, police initiation and persistence in communications, low number of images, and the offender's low risk of re-offending, it is appropriate to impose a custodial sentence but refer the offender for assessment for suitability to serve the sentence by means of an intensive corrections order rather than full-time custody.

Jurisdiction
Australia
Judgment Date
02 February 2015
Procedural Posture
Criminal / Sentence
Outcome
Offender referred for assessment as to suitability for intensive corrections order, remanded for sentence. Bail continued.
Legal Topics
['use of Carriage Service to Groom Person Under Age of 16' 'use of Carriage Service to Transmit Indecent Communication' 'possess Child Abuse Material' 'sentencing' 'unusual Factual Features']
['criminal Law'] ['use of Carriage Service to Groom Person Under Age of 16' 'use of Carriage Service to Transmit Indecent Communication' 'possess Child Abuse Material' 'sentencing' 'unusual Factual Features']

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Procedural Posture

Criminal / Sentence

Legal Issues

  1. 1 ['Appropriate sentence for offences involving use of carriage service to groom a minor, transmit indecent communication, and possess child abuse material' 'Determining whether circumstances justify a custodial sentence to be served by means of an intensive corrections order instead of full-time custody']

Ratio Decidendi

Given the unusual factual features, police initiation and persistence in communications, low number of images, and the offender's low risk of re-offending, it is appropriate to impose a custodial sentence but refer the offender for assessment for suitability to serve the sentence by means of an intensive corrections order rather than full-time custody.

Court Disposition

Offender referred for assessment as to suitability for intensive corrections order, remanded for sentence. Bail continued.

Orders

  • ['Offender Peter Hicks is referred for assessment as to suitability to serve sentence by means of an intensive corrections order.' 'Matter remanded for sentence at 10.00 am on Friday 8 May 2015.' 'Bail continued for that purpose.']