R v AR [2024] NSWDC 307

District Court New South Wales

Medium Neutral Citation: R v AR [2024] NSWDC 307 Hearing dates: 31 May 2024 Date of orders: 21 June 2024 Decision date: 21 June 2024 Jurisdiction: Criminal Before: Grant DCJ Decision: The offender is convicted and sentenced to 25 months imprisonment. The offender is to serve 12 months in custody and then to be released on a recognizance release order pursuant to s 20(1)(b) of the Crimes Act 1914 (Cth) upon giving surety (without security) in the sum of $100, on condition that he be of good behaviour for 2 years. Catchwords: s 271.2(1A) Criminal Code Act 1995 (Cth) – "Exit trafficking" – offender and victim married – victim on partner visa – offender motivated to 'return' victim to Afghanistan because of tension between his mother and victim – deceives victim into travelling to Afghanistan on false premises and then abandons victim there – victim able to return to Australia – multiple acts of deception – lack of remorse – serious offending – significant breach of trust – need for denunciation – custodial sentence warranted Legislation Cited: Crimes Act 1914 (Cth) Criminal Code Act 1995 (Cth) Cases Cited: Bravo v R [2015] NSWCCA 302, DPP (Commonwealth) v De La Rosa [2010] NSWCCA 194 Faehringer v R [2017] NSWCCA 248 R v CGT [2017] NSWCCA 163 Mills v R [2017] NSWCCA 87 Saddler v R [2009] NSWCCA 83 Stanley v DPP [2023] HCA 3 Xiao v R (2018) NSWLR 1 Zheng v R [2023] NSWCCA 64 Texts Cited: Commonwealth, Parliamentary Debates, Senate, 8 December 2004 (Chris Ellison, Senator) Category: Sentence Parties: Rex (Crown) AR (Offender) Representation: Counsel: