R v Richmond-Jones [2024] NSWDC 391

District Court New South Wales

Medium Neutral Citation: R v Richmond-Jones [2024] NSWDC 391 Hearing dates: 27 May 2024 29 May 2024 12 August 2024 Date of orders: 12 August 2024 Decision date: 12 August 2024 Jurisdiction: Criminal Before: Anderson SC DCJ Decision: (1) The offender is convicted of both of these offences. (2) With respect to sequence 1, the offender is fined the amount of $2,100, being roughly 10 penalty units less the discount of 25%. (3) With respect to sequence 5, the offender is sentenced to a term of imprisonment of two years. The sentence is to date from 31 July 2023 and will expire on 30 July 2025. (4) With respect to sequence 5, pursuant to s 20(1)(b) of the Crimes Act, after a period of 14 months, the offender is to be released on a recognisance in the sum of $500 for the remaining ten months of that sentence. There will be terms attaching to that recognisance. They are: firstly, to be of good behaviour; secondly, must be subject to the supervision of a probation and parole officer appointed in accordance with this order; thirdly, must obey all reasonable directions of a probation officer; fourthly, not to travel interstate or overseas without permission of the probation officer; and, fifthly, must undertake a rehabilitation program designed for offenders convicted of sexual offences, in addition to any other rehabilitation program that the probation officer directs to be undertaken. The offender is to be released onto this recognisance from custody on 30 September 2024. (5) Pursuant to s 23ZD of the Crimes Act and upon an application of the Commonwealth Director of Public Prosecutions, the mobile phone belonging to the offender and seized by the Australian Border Force on 7 January 2023 is forfeited to the Commonwealth. Catchwords: CRIME – sentence – child pornography – planning unlawful sexual activity outside of Australia – hierarchy of sentencing options Legislation Cited: Criminal Code Act 1995 Customs Act 1901 Crimes Act 1914 Cases Cited: Minehan v R [2010] NSWCCA 140 R v Hutchinson [2018] NSWCCA 152 Worboyes v The Queen [2021] VSCA 169 Category: Sentence Parties: Gary Richmond-Jones (Offender) Commonwealth Director of Public Prosecutions (Crown) Representation: Counsel: Mr S Flood (Offender) Mr A Brown (Crown)