Regina v DWF19 (No 2) [2019] NFSC 4

SUPREME COURT OF NORFOLK ISLAND

Regina v DWF19 (No 2) [2019] NFSC 4 File numbers: SCC 1 of 2019 SCC 2 of 2019

Judge: RARES J

Date of judgment: 8 October 2019

Catchwords: CRIMINAL LAW – where offender pleaded guilty to 1 count of committing an act of indecency on another person contrary to s 118(1) of the Criminal Code 2007 (NI) – where offender pleaded guilty to 13 counts of committing an act of indecency on, or in presence of, a person under 16 years of age contrary to s 119(2) of the Criminal Code 2007 (NI) – where offender pleaded guilty to 13 counts of engaging in sexual intercourse with a person under 16 years of age contrary to s 113(2) of the Criminal Code 2007 (NI) – where offender pleaded guilty to 3 counts of using a child under 12 years of age for the production of child pornography contrary to s 122(1)(a)(i) of the Criminal Code 2007 (NI) – where offender pleaded guilty to 1 count of using a child aged 12 years or older contrary to s 122(3) of the Criminal Code 2007 (NI) CRIMINAL LAW – sentencing under s 5(2) of the Sentencing Act 2007 (NI) – consideration of extent to which offender's good character can be taken into account after first offence – aggravating circumstances – offender's position of trust and destruction of evidence – mitigating circumstances – where offender had no prior convictions – where offender pleaded guilty and relieved victims of having to give evidence

Legislation: Criminal Code 2007 (NI) ss 108, 113, 118, 119, 122 Sentencing Act 2007 (NI) ss 5, 142

Cases cited: Reg v DWF19 (No 1) [2019] NFSC 3 Veen v The Queen [No. 2] (1988) 164 CLR 465