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DPP (Cth) v Stanley (a pseudonym) [2020] VCC 898

sentence — 4 rolled up charges of transmitting indecent communication to a person who was or offender believed to be under age of 16 using a carriage service offence contrary to s 474.27A of the Commonwealth Criminal Code — 5 charges of using carriage service to groom person who was or offender believed to be under 16 years of age for sexual activity offence contrary to s 474.27 of the Commonwealth Criminal Code — 1 charge of causing child exploitation material to be transmitted to offender using carriage service offence contrary to s 474.19(1)(a)(ii) of the Commonwealth Criminal Code — 2 charges of using carriage service to menace offence contrary to s 474.17(1) of the Commonwealth Criminal Code — 1 charge of procuring person under 16 years for sexual activity using a carriage service contrary to s 474.26 of the Commonwealth Criminal Code — 1 charge of using carriage service to engage in sexual activity with person under 16 years of age contrary to s 474.25A(1) of the Commonwealth Criminal Code — additional state offences — nature and circumstances — s 16A(2)(a) — offending objectively very serious — conduct predatory, premeditated, potentially corrupting and sexually and emotionally exploitative — charges after Charge 3 were committed while offender was on Community Corrections Order for unrelated offending — lack of identified real victim does not lessen gravity of offence — mental condition — s 16A(2)(m) — offender assessed as having mild intellectual disability — sentencing judge accepted that intellectual disability reduces moral culpability for sexual exploitation offences to some extent — offender’s conviction in 2013 for transmitting indecent communication to a 10 year old girl in like circumstances not only proves awareness of wrongdoing it increases moral culpability for current offences — intellectual disability has more effect on moral culpability for charges of using carriage service to menace — victim — s 16A(2)(d) — conduct was such that sentencing judge presumed that conduct has harmed or will harm them in some way — victim of single charge of causing transmission of child pornography was vulnerable not only because of age but because of intellectual disability — guilty plea — s 16(A)(2)(g)  — offender pleaded guilty to all offences — fact that case was strong does not detract from utilitarian value of early plea of guilty — contrition — s 16A(2)(f) — sentencing judge not satisfied offender truly remorseful — offender repeating behaviour they knew to be wrong mitigates against finding of remorse — offender repeated behaviour for which they were sentenced in 2013 eleven times — denying or minimising conduct tends to undermine claim of remorse — when interviewed offender denied engaging in sexual conversations — rehabilitation — s 16A(2)(n) — offender not been deterred by experience of being detected and punished — prospects of rehabilitation are guarded at best — hardship to offender — no evidence intellectual disability will increase burden of imprisonment — imprisonment during COVID-19 pandemic generally harder than at other times — general deterrence — s16A(2)(ja) — offences are internationally prevalent and hard to detect given anonymity afforded by internet— community protection is best achieved by rehabilitation — sentence — sentence imposed 3 years’ and 9 months imprisonment with 2 year non-parole period — s 6AAA — if offender had not pleaded guilty total effective sentence would have been 5 years with 3 year non-parole period
The CSD acknowledges Aboriginal and Torres Strait Islander peoples as First Australians and recognises their culture, history, diversity and their deep connection to the land. We acknowledge that we are on the land of the traditional owners and pay respects to Elders past and present.

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