R v Craig Andrew Woodley [2013] NSWDC 14

District Court New South Wales

Medium Neutral Citation: R v Craig Andrew Woodley [2013] NSWDC 14 Hearing dates: 16-26 October 2012 Decision date: 26 February 2013 Before: Mahony SC DCJ Decision: See Orders at paragraph 86 Catchwords: Criminal Law. Act of Indecency; grooming a child under 16 years of age by exposing to indecent material and by providing an intoxicating substance. Legislation Cited: Crimes Act 1900 Criminal Code 1995 (Cth) Crimes (Sentencing Procedure) Act 1999 Cases Cited: R v Asplund [2010] NSWCCA 316 R (Cth) v Poynder [2007] NSWCCA 157 Pearce v The Queen (1998) 194 CLR 610 Muldrock v The Queen (2011) 244 CLR 120 Category: Sentence Parties: The Crown Craig Andrew Woodley - Offender Representation: Director of Public Prosecutions - Mr R Cooley A Williams - The Offender File Number(s): 10/72635 Publication restriction: Complainant's Name

Pursuant to s578A Crimes Act 1900 there is to be no publication of the victim's name or anything that may lead to identification of the victim. Identifying information has been removed from this version of the judgment to comply with the statute.

Judgment 1On 26 October 2012 the jury delivered verdicts of guilty on the three counts with which the offender was charged, namely, Count 1 - On 29 October 2009 at Claremont Meadows in the State of New South Wales committed an act of indecency towards EN, a person under the age of 16 years, namely 15 years, in circumstances of aggravation, namely that EN was at the time under the authority of Craig Andrew Woodley. - S 610(1) of the Crimes Act 1900 Count 2 - Between 27 October 2009 and 2 November 2009 at Claremont Meadows in the State of New South Wales did expose EN, a child then under the age of 16 years, to indecent material with the intention of making it easier to procure the child for unlawful sexual activity with himself - S 66EB(3) Crimes Act 1900 Count 3 - On or about 31 October 2009 at Claremont Meadows in the State of New South Wales did provide EN, a child then under the age of 16 years with an intoxicating substance, namely amphetamines, with the intention of making it easier to procure the child for unlawful sexual activity with himself - S 66EB(3) Crimes Act 1900 2In respect of Count 1 the maximum penalty prescribed by s 610 (1) of the Crimes Act is five years. In respect of Counts 2 & 3 the maximum penalty prescribed by s 66 EB (3) of the Crimes Act is ten years in relation to each offence. 3At the commencement of the trial I made an order pursuant to s 578A of the Crimes Act 1900 prohibiting the identification of EN ("the victim"). 4The accused has been in custody since the verdicts were returned, and that time in custody will be taken into account.