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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
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