R v KENYON [2018] NSWDC 458

District Court New South Wales

Medium Neutral Citation: R v KENYON [2018] NSWDC 458 Hearing dates: 22 November 2018 Decision date: 22 November 2018 Jurisdiction: Criminal Before: King SC DCJ Decision: Convicted. Pursuant to s20(1)(b) of the Crimes Act 1914 the offender is sentenced to a term of imprisonment for 2 years and 3 months to commence on 11/8/17 and to expire on 10/11/19. The offender is to be released on 10/12/18 upon entering into a recognizance in the sum of $2000 self- surety and on the condition that he be of good behaviour for the balance of term of 11 months. I make order as per the Forfeiture Order handed up in court today, signed by me and placed on the court file. Catchwords: Criminal law – Commonwealth - particular offences - offences relating to postal services, telecommunications and computers - sentence - carriage service sexual offences involving children – using a carriage service to procure person under 16 – online conversations via text based chat website, Skype & mobile phone - subjective matters Legislation Cited: Crimes Act 1914 Criminal Code (Cth) 1995 Cases Cited: Hili v The Queen; Jones v The Queen [2010] HCA 45. R v Poynder [2007] NSWCCA 157 Category: Sentence Parties: Regina John Alexander Kenyon Representation: Counsel:

Solicitor: Crown: Ms E Burr Defence: Mr A Tiedt File Number(s): 2017/244996

Judgment 1. HIS HONOUR: John Kenyon appears for sentence in respect of a single offence of using a carriage service to procure persons under 16 years of age contrary to s 474.26(1) of the Criminal Code (Cth). The maximum penalty provided is 15 years' imprisonment. 2. The facts are agreed and are as follows, I indicate that there are extensive text and oral conversations recorded in the Agreed Facts and I do not, with some exceptions, intend to read those onto the record.