TECTOR v REGINA [2008] NSWCCA 151

New South Wales Court of Criminal Appeal

CITATION: TECTOR v REGINA [2008] NSWCCA 151

HEARING DATE(S): 28 May 2008

JUDGMENT DATE: 4 July 2008

JUDGMENT OF: Giles JA at 1; Barr J at 2; Hall J at 3

DECISION: (1) Leave to appeal be granted and the appeal allowed. (2) The sentence imposed by the District Court of 11 years imprisonment with a non-parole period of seven years for each of the three counts be quashed. (3) In lieu, the applicant is sentenced as follows: (a) Count 1: the applicant is sentenced to 8 years imprisonment dating from 25 August 2006 and to expire on 24 August 2014. (b) Count 2: the applicant is sentenced to 8 years imprisonment dating from 25 August 2006 and to expire on 24 August 2014. (c) Count 3: the applicant is sentenced to 8 years imprisonment dating from 25 August 2006 and to expire on 24 August 2014. (d) In respect of each of the offences in Count 1, Count 2 and Count 3, there is to be a non-parole period of 5 years dating from 25 August 2006 and to expire on 24 August 2011, the date upon which the applicant is eligible to be released on parole.

CATCHWORDS: CRIMINAL LAW – SENTENCING – appeal against severity of sentence – applicant convicted at trial of Commonwealth offences – three counts of using a carriage service to transmit a communication with intent to procure a person under 16 years age to engage in sexual activity – discussion of sentencing decisions made under State legislation – nature of proposed sexual activity as merely one factor in assessing objective seriousness of offence – maximum penalty for the offence as a relevant consideration – other relevant considerations discussed

Crimes Act 1900 (NSW) Crimes Act 1914 (Cth) Criminal Code 1995 (Cth) LEGISLATION CITED: Criminal Code Act 1899 (Q) Criminal Code (Q) Penalties and Sentences Act 1992 (Q) Telecommunications Act 1997