R v Cupples [2014] NSWDC 42

District Court New South Wales

Medium Neutral Citation: R v Cupples [2014] NSWDC 42 Hearing dates: 22 November 2013. Decision date: 28 February 2014 Before: Berman SC DCJ Decision: Sentenced to imprisonment for a period of 2 years. That sentence is to be served by way of an Intensive Corrections Order Catchwords: CRIMINAL LAW - Sentence - Use carriage service to transmit indecent an indecent communication - Use carriage service to solicit child pornographic material Legislation Cited: Commonwealth Criminal Code Category: Sentence Parties: The Crown Jonathan Robert Cupples Representation: Counsel: Mr T Healey - The offender Solicitors: Commonwealth Director of Public Prosecutions - The Crown Lambton Law - The offender File Number(s): 2011/257087

SENTENCE 1HIS HONOUR: On 22 November I dealt with Jonathan Cupples. He appeared for sentence on two matters under the Commonwealth Criminal Code. On that day I set out the objective circumstances of the offence and the subjective material and indicated that it was likely that a sentence of two years or less would be imposed and I referred Mr Cupples for an assessment as to his suitability to serve that sentence by way of an intensive corrections order. That assessment was done, it indicates his suitability to serve a sentence in that manner. 2Mr Healey, today submits that I would suspend any sentence of imprisonment imposed upon his client. I do not propose to do that. The offences were serious, and Mr Cupples requires punishment, more punishment that is occasioned by the imposition of a suspended sentence of imprisonment. There also needs to be a substantial component of general deterrence. Again, a suspended sentence would be insufficient in that regard. Accordingly, I make the following order: 3In each case the offender is sentenced to concurrent sentences of imprisonment of two years. They are to be served by way of an intensive corrections order. They will commence on 10 March 2014. The intensive corrections orders will be subject to the mandatory conditions prescribed by cl 175 of the Crimes (Administration of Sentences) Regulation. A copy of the conditions will be provided to the offender at the registry.