R v Swinton [2023] NSWDC 126

District Court New South Wales

Medium Neutral Citation: R v Swinton [2023] NSWDC 126 Hearing dates: 31/10/22, 3/11/22, 17/2/23, 24/2/23 Date of orders: 24/2/23 Decision date: 24 February 2023 Jurisdiction: Criminal Before: Bourke SC DCJ Decision: Convicted and sentenced to an aggregate term of imprisonment of 9 months. However, pursuant to s20(1)(b) of the Crimes Act (Cth), the offender is to be released forthwith, upon a Recognisance Release Order for a period of 18 months, after entering a self-recognisance in the amount of $500, subject to the following conditions: 1. To be of good behaviour for 18 months. 2. Accept the supervision of Community Corrections. 3. Obey all reasonable directions of Community Corrections. 4. Not to travel interstate or overseas without the written permission of Community Corrections. 5. Undertake treatment or other counselling as directed by Community Corrections. The indicative sentences are: Count 1 – 7 months Count 2 – 4 months I direct the offender to report to the Armidale office of Community Corrections within 7 days. I direct that a copy of the report of Dr Ashleigh Scwesienberg be forwarded to Armidale Community Corrections. I make the Forfeiture Order. Catchwords: Crime – Sentence – Commonwealth offences - Use carriage service to transmit indecent communication to person under 16 years. Legislation Cited: Commonwealth Criminal Code Crimes Act 1914 Cases Cited: R v Aniezue [2016] ACTSC 82 Totaan v R [2022] NSWCCA 75 Category: Sentence Parties: Commonwealth DPP – Crown Colin Bernard Swinton - Offender Representation: Ms D New for Crown Mr B Pierce for Offender File Number(s): 21/335423