R v Shashank Singh [2009] NSWDC 120

New South Wales District Court

CITATION: R v Shashank Singh [2009] NSWDC 120

JUDGMENT DATE: 19 May 2009

JURISDICTION: District Court of New South Wales

JUDGMENT OF: Cogswell SC DCJ

DECISION: Sentence of 4 years imprisonment. Non-parole period of 2 years.

CATCHWORDS: CRIMINAL LAW - Sentence - Commonwealth offence - using carriage service to procure person under sixteen to engage in sexual activity - online chat room discussions - purpose of legislation - objective seriousness - prior criminal history - unsuitable for community service and periodic detention - offence committed while on good behaviour bond - evidence of remorse

LEGISLATION CITED: Criminal Code 1995 s 474.26(1) Crimes (Sentencing Procedure) Act 1999

CASES CITED: The Queen v Gajjar [2008] VSCA 268 R v Poynder (2007) 171 A Crim R 544

PARTIES: R Shashank Singh

FILE NUMBER(S): 2008/10794

COUNSEL: Mr Hancock (def)

SOLICITORS: Mr Williams (NSWDPP)

JUDGMENT

1. I am sentencing Shashank Singh for a crime created under the laws made by the Australian Parliament. Section 474.26 of the Criminal Code 1995 of the Commonwealth creates an offence of using carriage service to procure persons under sixteen to engage in sexual activity. The offence is committed by a person who is an adult, namely someone over eighteen. Parliament has fixed a maximum penalty of fifteen years imprisonment to that crime.

2. It is important to set out briefly what happened that brought about Mr Singh's conviction for this offence. He used a computer to enter an online chat room. In the chat room he commenced communicating with a person that he understood to be a fourteen year old girl. In fact the person was an undercover operative with the Australian Federal Police. That makes no difference to the person being able to commit the crime.