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R v Roulston [2019] NSWDC 28

sentence — use of carriage service to groom a person under age of 16 years offence contrary to s 474.27(1) of Commonwealth Criminal Code — additional offence of use of carriage service to send indecent material to a person under 16 years of age pursuant to s 474.27A of Commonwealth Criminal Code taken into account on sentence — objective seriousness — offending occurred over short period of time — unsophisticated planning in that offender utilised own Facebook social media account — ceased contact of own accord — objective seriousness of offending towards lower range — conduct still constituted serious offending — transmitting indecent material does increase objective seriousness of offending and must amount to some accumulation on sentence — co-operation — s 16A(2)(h) — offender ceased conduct of own accord and did not respond when urged to do so when contacted by AOI — offender made certain admissions in interview following arrest — sentencing judge found offender cooperated with Law Enforcement Agencies in the face of overwhelming case — rehabilitation — s 16A(2)(n) — offender unable to articulate true reason for criminal offending and court must therefore be guarded in assessing whether offender has good prospects of rehabilitation — while offender assessed as low-average risk of sexual recidivism, little reliance can be placed on that assessment in absence of offender’s acknowledge of sexual interest in children, clearly evident in communications with AOI — any findings to rehabilitation would have to be somewhat guarded, however it would warrant them being given a substantial period of supervision in the community — sentence — sentence imposed 15 months’ imprisonment and a recognisance release order for 15 months after imprisonment
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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