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R v Suttle [2019] NSWDC 538

sentence — 6 counts of use of carriage service to send indecent material to person under 16 years offence contrary to s 474.27A(1) of Commonwealth Criminal Code — 17 counts of state child exploitation offences — nature and circumstances of the offence — s 16A(2)(a) — offending occurred over 2 year period — for an adult to first lie about their age then form an online/Snapchat friendship with children with intention of requesting sex from them is a serious crime — victim of the offence — it should not be assumed, without evidence to the contrary, that there was no significant damage by way of long-term psychological and emotional injury from any child sexual assault offence — guilty plea — s 16A(2)(g) — offender will get full benefit generally allowed for early plea, facilitation of the course of justice and acceptance of responsibility — it is important to recognise that none of the young victims had to give evidence in court — rehabilitation — s 16A(2)(n) — sentencing judge confident offender can with help be restored to normal community life — offender has strong pro-social supports in the community and will benefit from assistance while on parole — general deterrence — s 16A(2)(ja) — specific deterrence — s 16A(2)(j) — offender and others must by the harshness of custodial punishment learn the consequences of sexual offending against children — social media networks offer many advantages but they can be misused and innocence exploited — offender was knowingly taking advantage of children, lied to them about who offender was and motivation was purely selfish — offender only though of themselves and their own sexual gratification — sentence — total sentence imposed 7 years’ and 11 months imprisonment with a 4 year and 11 month 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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