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R v Elwdah [2023] NSWDC 416

See full judgment: Austlii.

Offender was sentenced following a plea of guilty to 1 count of using a carriage service to transmit a communication to a recipient, with the intention of making it easier to procure a child believed to be under 16 years of age to engage in sexual activity contrary to s 474.27AA(1) of the Commonwealth Criminal Code.

Nature and Circumstances: Offender participated in five online conversations with a person whom they believed to be a 40 year old woman who had a 9 year old daughter. In terms of its objective seriousness for an offence of its kind, the offence is slightly below a mid-range offence. A significant aggravating factor is that the intended victim of the offending was under 10 years of age.

Rehabilitation: Offender denied having a sexual interest in persons under the age of 18 years. Sentencing judge satisfied, beyond reasonable doubt that offender has a sexual interest in pre-pubescent female children. Offender does not display genuine remorse, not least because they have not fully accepted the criminality of their conduct. Offender’s prospects of rehabilitation are guarded.

Offender sentenced to 3 years of imprisonment to be released after 12 months on recognizance of $500.

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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