R v Punter [2019] NSWDC 965

District Court New South Wales

Medium Neutral Citation: R v Punter [2019] NSWDC 965 Hearing dates: Thursday 26 September 2019 Date of orders: Thursday 3 October 2019 Decision date: 03 October 2019 Jurisdiction: Criminal Before: Tupman DCJ Decision: (1) The offender is convicted. (2) Sentenced to a term of imprisonment of 2 years, pursuant to s 20(1)(b) of the Crimes Act 1914 (Cth). (3) Direct that he be released forthwith on his entering into a recognisance for a period of 2 years with a value of $500. (4) I make a forfeiture order as per the document entitled "Forfeiture Order". Catchwords: CRIME — Child sex offences — Commonwealth offence — Use carriage service to procure child for unlawful sexual activity — Maximum penalty of 12 years imprisonment — One substantive offence — Convicted by a jury — Offender was in his late thirties — Offender was approached online by an assumed identity created by police that was a 15-year-old-boy — Offender believed the assumed identity was an underage boy — Offender wanted to meet 15-year-old boy and he engaged in sexually explicit communication with that assumed identity — No prior criminal record — Offender does not admit guilt — low to medium risk of reoffending. Legislation Cited: Crimes Act 1914 (Cth): ss 16A, 20(1)(b); Criminal Code Act 1995 (Cth): ss 474.27(1), 574.27(1). Cases Cited: R v Nahlous [2013] NSWCCA 90 Category: Sentence Parties: Regina (The Queen) Mr James Punter (The Offender) Representation: Counsel: Mr. S. Howell (the Crown) Mr. S. Schaudin, (the Applicant) File Number(s): 2017/00141793