R v Jones [2023] NSWDC 657

District Court New South Wales

Medium Neutral Citation: R v Jones [2023] NSWDC 657 Hearing dates: 1 September 2023 Date of orders: 6 December 2023 Decision date: 06 December 2023 Jurisdiction: Criminal Before: Allen DCJ Decision: See paragraph [101]-[102] Catchwords: CRIME — Child sex offences — Using carriage service to groom person <16 years for sexual activity Legislation Cited: Criminal Code Act 1995 (Cth) Crimes Act 1914 (Cth) Cases Cited: Cheung v The Queen (2001) 209 CLR 1 Savvas v The Queen (1995) 183 CLR 1 Tarrant v R [2018] NSWCCA 21 R v Asplund (2010) A Crim R 48 Tector v The Queen (2008) 186 A Crim R 133 R v Nahlous [2013] NSWCCA 90 DPP (Cth) v FM [2013] VSCA 129 Western Australia v Collier [2007] WASCA 250 Meadows v R [2017] VSCA 290 R v Pham (2015) 256 CLR 550 Markarian v The Queen (2005) 228 CLR 357 Texts Cited: Nil Category: Principal judgment Parties: Rex (CDPP) Luke Christopher Jones (offender) Representation: Counsel: Mr E Ozen SC (offender) Ms S Climo (CDPP)

Solicitors: Commonwealth Director of Public Prosecutions Benjamin Leonardo The Offenders File Number(s): 2022/00039850

SENTENCE JUDGEMENT – R V JONES

Introduction 1. Luke Cristopher Jones (the offender) was born on 7 March 1984. He is now 39 years old. At the time of the offence, he was 37. 2. On 28 March 2023 the offender pleaded not guilty when arraigned on the following charges: 1. That he on or about 30 July 2021 at Glenmore Park and elsewhere in the State of NSW, being 37 years of age, did use a carriage service to transmit communications to the recipient, being someone he believed to be under 16 years of age, with the intention of making it easier to procure the recipient to engage in sexual activity with him. 2. That he on or about 21 December2021 at Glenmore Park and elsewhere in the State of NSW, being 37 years of age, did use a carriage service to transmit communications to the recipient, being someone he believed to be under the age of 16 years, which included material that was indecent. 3. That he on or about 2 February 2022 and about 7 February 2022 at Glenmore Park and elsewhere in the State of NSW, being 37 years of age, did use a carriage service to transmit communications to the recipient, being someone he believed to be under 16 years of age, with the intention of making it easier to procure the recipient to engage in sexual activity with him. 1. The first and third of the counts are offences contrary to s 474.27(1) of the Criminal Code Act 1995 (Cth), and the second count is an offence contrary to s 474.27A(1) of the Criminal Code Act 1995 (Cth). 2. On 5 April 2023 following the trial the offender was found not guilty of the first and second counts as referred to above by a jury of 12, but guilty to the third count. Upon the guilty verdict the proceedings were adjourned for sentence hearing on 1 September 2023 before me. Ms Climo of counsel, who appeared on behalf of the Commonwealth appeared in the sentence proceedings for the Crown, and Mr Ozen, senior counsel who appeared for the offender at trial appeared again for the offender on the sentence hearing.