NSW Caselaw
New South Wales District Court
CITATION: R v Asplund, Kenneth [2010] NSWDC 165 This decision has been amended. Please see the end of the judgment for a list of the amendments.
JUDGMENT DATE: 19 March 2010
JURISDICTION: Criminal
JUDGMENT OF: Nicholson SC DCJ
Use carriage service to groom person under 16 years for sexual activity (count 1): Sentence to a fixed term of 9 months to date from the 19th March 2010 and expiring on the 18th December 2010. DECISION: Use carriage service to groom person under 16 years for sexual activity (count 2): Sentence to 3 years imprisonment from the 19th September 2010 and expiring on the 18th September 2013. In respect of the overall sentence of 3 years and 6 months. I set a non-parole period to expire on the 18th December 2011.
CATCHWORDS: Criminal Law - Sentence- Commonwealth Offence - Using Carriage Service to Transmit indecent Communictions with intent to procure an under 16 year old to engage in sexual activity with offender (x2) - mobile phone, SMS - Internet Chat Rooms - victim aged 14 - 61 days of cantact - 520 text messages - explicit photographs - grooming type texts messges - 65 year old offender - recently separated from long term partner - good employment ethic - good general health - good character and reputation - no insightinto offending conduct - nil contrition.
LEGISLATION CITED: Crimes Act 1914 Crimes Act 1900
CASES CITED: R v Poynder (2007) 171 A. Crim. R. 544 Gladue v The Queen [1999] 1SCR 688 [80]
PARTIES: Regina Kenneth Asplund
FILE NUMBER(S): 2009/00005365
COUNSEL: Crown: P McGuire Defence: G Niven
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