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Kebriti v The Queen [2019] VSCA 275

appeal against sentence — one charge of using a carriage service to procure a person under 16 years of age offence contrary to s 474.26(1) of the Commonwealth Criminal Code and one charge of using a carriage service to transmit indecent communication to a person under 16 years of age offence contrary to s 474.27A(1) of the Commonwealth Criminal Code — original sentence imposed 4 years’ imprisonment with a 2 year and 3 month non-parole period — manifest excess nature and circumstances of the offence — s 16A(2)(a) — no error in sentencing judges’ description of offending in procurement charge as serious example of that offence, or description of offending constituting transmission charge as being mid-range — offender aware almost immediately that they were communicating with young boy — instead of desisting, offender persisted in lengthy conversation to propose oral sex, using highly sexualised language for that purpose — offender went on to arrange a meeting with the boy, leaving no room for doubt offender’s aim was to procure boy to engage in penetrative sex with him — for the purposes of s 474.26(1), the ‘sexual activity’ to which the conduct was directed was at serious end of the scale — criminality constituted by offender’s transmission to a young boy of an explicit image of sexual arousal was quite separate from criminality constituted by conversation in which offender sought to procure T for sex — unnecessary to decide whether presence of ‘actual victim’ is to be regarded as aggravating factor — what matters for present purposes is that 11 year old boy suffered psychologically as a result — not reasonably arguable that sentences imposed by judge were manifestly excessive — application for leave to appeal against sentence refused
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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