R v MORRISON, Stephen [2017] NSWDC 243

District Court New South Wales

Medium Neutral Citation: R v MORRISON, Stephen [2017] NSWDC 243 Hearing dates: 22 March 2017 Date of orders: 22 March 2017 Decision date: 22 March 2017 Jurisdiction: Criminal Before: Judge Norrish QC Decision: Recognisance imposed pursuant to s.20(1)(b) Crimes Act 1914. For orders see [45] Catchwords: CRIMINAL – Sentence – Use carriage service to procure a person under the age of sixteen with the intention to procure sexual activity with said person – 1 Form offence of a similar nature – single male aged 55 – victim was an assumed identity by undercover police – utilitarian benefit for the early plea of guilty – material sent by offender when uninformed of the recipients age – multiple conversations with offender instigated by the undercover officer – no child abuse material located on personal computers – lengthy period of counselling following arrest – loss of employment following arrest – remorse and contrition shown – prior good character – no mental health conditions evident – excellent prospects of rehabilitation – "predatory behaviour" not shown to have occurred. Legislation Cited: Crimes Act 1900 (NSW) Crimes (Sentencing Procedure) Act 1999 (NSW) Crimes Act 1914 (Cth) Child Protection (Offenders Registration) Act 2000 (NSW) Cases Cited: Cameron v R (2002) 209 CLR 339 Commonwealth DPP v Thomas and Wu [2016] VSCA 237 Director of Public Prosecutions (Cth) v De La Rosa [2010] NSWCCA 194 DPP (Cth) v Walls [2014] VSCA 323 Putman v R [2004] HCA 8 R v Asplund; Asplund v R [2010] NSWCCA 316 R v Costello [2011] QCA 39 R v Engert (1995) 84 A Crim R 67 R v Nahlous [2013] NSWCCA 90 Rampley v R [2010] NSWCCA 293 Western Australia v Collier (2007) 178 ACR 310 Category: Sentence Parties: Regina (Crown) Stephen Morrison (Defendant) Representation: Representatives: Mr. Croner (Crown) Mr. Miralis (Defendant) File Number(s): 2015/00241760