R v Saville [2018] NSWDC 448

District Court New South Wales

Medium Neutral Citation: R v Saville [2018] NSWDC 448 Hearing dates: 28 June 2018, 23 August 2018 Date of orders: 28 September 2018 Decision date: 28 September 2018 Jurisdiction: Criminal Before: Wilson SC DCJ Decision: See [110]-[112] Catchwords: CRIME – SENTENCE – guilty plea – using carriage service to groom – possess child abuse material Legislation Cited: Crimes Act 1900 (NSW) Crimes (Sentencing Procedure) Act 1999 (NSW) Criminal Code 1995 (Cth) Cases Cited: R v Asplund [2010] NSWCCA 316 R v Henry (1999) 46 NSWLR 346 R v Valentini (1989) 46 A Crim R 23 Category: Sentence Parties: Regina (Crown) Darren Saville (Offender) Representation: Solicitors: CDPP (Crown) Metro Lawyers (Offender) File Number(s): 2016/62618 Publication restriction: None

REMARKS ON SENTENCE

INTRODUCTION 1. The Offender appears before the Court for sentencing after pleading guilty to the charges on the Commonwealth Crown Sentence Summary.

charges for sentence 1. The first charge relates to a period between 4 January 2016 and about 25 February 2016. The charge is that the offender, in contravention of s 474.27(1) of the Criminal Code 1995 (Cth), used a carriage service to groom a person under the age of 16 for sexual activity. That carries a maximum penalty of 12 years' imprisonment. 2. The second charge to which the offender has pleaded guilty is a State offence, namely possess child abuse material in contravention of s 91H(2) of the Crimes Act 1900 which carries a maximum penalty of ten years' imprisonment.