R v Darke [2021] NSWDC 377

District Court New South Wales

Medium Neutral Citation: R v Darke [2021] NSWDC 377 Hearing dates: 12 October 2020; 27 November 2020, 11 December 2020 Decision date: 15 February 2021 Jurisdiction: Criminal Before: M Adams ADCJ Decision: The offender is sentenced to a period of imprisonment for a period of 3 years, to be released after serving 2 years. The Offender would therefore be released after serving 2 years on a recognisance pursuant to s.20(1)(b) of the Crimes Act, subject to the following conditions: 1. An amount of security of $1, without sureties; and 2. The offender is to be of good behaviour for a period of 3 years upon his release Catchwords: CRIMINAL LAW- Sentence – 16BA schedule – Attempt to procure a child to engage in sexual activity with another person outside Australia – Use carriage service to solicit and transmit child pornography material – Child Internet Exploitation Unit – Persistent Neurocognitive Disorder [Acquired Brain Injury] – Persistent Depressive Disorder – Alcohol Use Disorder – Personality Disorder – Offender kept in strict protection Legislation Cited: Criminal Code (Cth) Criminal Code of Canada Crimes Act 1914 (Cth), Category: Sentence Parties: The Crown Jason David Darke Representation: Counsel: W. Fitzsimmons – The Crown N. Mikhaiel – The offender

Solicitors: Director of Public Prosecutions (Cth) File Number(s): 2018/42703 Publication restriction: There is to be no publication of the name of the complainant or any material which may tend to identify the complainant