R v Cupples [2014] NSWDC 42

R v Cupples [2014] NSWDC 42

Given the seriousness of the offences, the need for punishment and deterrence outweighed the possibility of a suspended sentence. The offender is suitable for an intensive corrections order; concurrent sentences of two years' imprisonment are imposed, to be served by way of intensive corrections order.

Parties
Prosecution: The Crown; Offender: Jonathan Robert Cupples
Jurisdiction
Australia
Judgment Date
28 February 2014
Procedural Posture
Criminal / Sentence
Outcome
Offender sentenced to two years imprisonment to be served by way of an intensive corrections order.
Legal Topics
Use of Carriage Service to Transmit Indecent Communication, Use of Carriage Service to Solicit Child Pornographic Material, Sentencing
Criminal Law Use of Carriage Service to Transmit Indecent Communication Use of Carriage Service to Solicit Child Pornographic Material Sentencing

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Parties

The Crown

Prosecution

Jonathan Robert Cupples

Offender

Procedural Posture

Criminal / Sentence

Legal Issues

  1. 1 Appropriate sentence for use of carriage service to transmit indecent communication
  2. 2 Whether sentence should be suspended or served by way of intensive corrections order

Ratio Decidendi

Given the seriousness of the offences, the need for punishment and deterrence outweighed the possibility of a suspended sentence. The offender is suitable for an intensive corrections order; concurrent sentences of two years' imprisonment are imposed, to be served by way of intensive corrections order.

Court Disposition

Offender sentenced to two years imprisonment to be served by way of an intensive corrections order.

Orders

  • Concurrent sentences of imprisonment of two years to be served by way of intensive corrections order, commencing 10 March 2014, subject to mandatory conditions prescribed by cl 175 of the Crimes (Administration of Sentences) Regulation.