Site Logo

R v Uppiah [2019] VCC 1324

sentence — 5 counts using a carriage service to cause child exploitation material to be transmitted to themself, 3 counts of using a carriage service to transmit indecent communications to a person under the age of 16 years, 1 count of using a carriage service for sexual activity with a person under the age of 16 years, 4 counts of using a carriage service to menace, harass or cause offence, 4 counts of using a carriage service to transmit child exploitation material, 2 counts of using a carriage service to transmit communications to a person under age of 16 years with the intention of procuring the person to engage in sexual activity with offender — 10 state offences and transfer of 1 summary offence — rehabilitation — s 16A(2)(n) — sentencing judge cannot agree with submission that offender poses relatively low risk of further sexual reoffending — offender denied doing anything other than trying to help victims and claim contact with them was not for sexual purposes — offender has very little insight into offending — it is plain offender’s communications with all victims were of a sexual, depraved and predatory nature and overall such conduct continued for over 4 years — guilty plea — s 16A(2)(g) — early guilty pleas that have significant utilitarian values as no contested committal was heard and victims were required to give evidence, saving the cost of a trial and showing a willingness to facilitate the course of justice — contrition — s 16A(2)(f) — feeling shame and guilt and acknowledging that offender has caused a lot of stress for offender’s family does not necessarily constitute remorse — possible that offender has some appreciation for wrongdoing that at times seems like remorse but in sentencing judge’s view is a long way from being clear picture of true and unqualified contrition — deportation — no evidence put before court as to offender’s status although as someone who had apparently long outstayed a student visa this may well be a realistic expectation — the prospect that offender may be deported may weigh upon offender whilst in prison and mean that offender has lost any opportunity to have settled in Australia — sentencing judge considers this of little significance as a sentencing factor — offender spent 6 months in immigration detention which sentencing judge took into account in a “general way”, but not formally reckoned as time served under sentences imposed — nature and circumstances of the offence — s 16A(2)(a) — all but 2 charges are rolled-up charges — when sentencing rolled-up charges, although penalty remains the same, court must take into account overall seriousness of all individual acts when determining appropriate sentence — sentence — 12 years’ and 5 months imprisonment imposed with a 7 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.

© 2023 The National Judicial College of Australia (NJCA). Powered by

Privacy Policy|Terms and Conditions

top-arrow