R v Milliner [2018] NSWDC 324

District Court New South Wales

Medium Neutral Citation: R v Milliner [2018] NSWDC 324 Hearing dates: 12 February 2018 Date of orders: 15 February 2018 Decision date: 15 February 2018 Jurisdiction: Criminal Before: Scotting DCJ Decision: 1. The offender is convicted of both counts.

2. In relation to the first count the offender is sentenced to a term of imprisonment comprising of a non-parole period of three years to date from 5 April 2016 and expire on 4 April 2019, and an additional term of two years to expire on 4 April 2021.

3. In relation to the second count the offender is sentenced to a term of imprisonment comprising of a non-parole period of three years to date from 5 April 2018 and expire on 4 April 2021, and in additional term of three years to expire on 4 April 2024.

4. The overall effective term of imprisonment I have imposed consists of a non-parole period of 5 years with an additional term of 3 years.

5. The offender will be eligible to be released to parole on 4 April 2021. Catchwords: CRIMINAL LAW – procuring a child under the age of 14 years – travel with intention to meet child following grooming

SENTENCE – mitigating factors – aggravating factors – circumstances – objective seriousness -

SENTENCE PRINCIPLES – good character – rehabilitation - remorse Legislation Cited: Crimes Act 1900 Crimes (Sentencing Procedure) Act 1999 Cases Cited: R v Thomson & Houlton (2000) 49 NSWLR 383 R v Borkowski (2009) 195 A Crim R 1 Category: Sentence Parties: Regina (Crown) Simon Milliner (Defendant) Representation: Mr A Morris (Crown Prosecutor) Mr F Coyne of counsel (Defendant) File Number(s): 2016/103462 Publication restriction: None