R v Scott Edward Roulston [2019] NSWDC 28

District Court New South Wales

Medium Neutral Citation: R v Scott Edward Roulston [2019] NSWDC 28 Hearing dates: 13 December 2018 Decision date: 27 February 2019 Jurisdiction: Criminal Before: Mahony SC DCJ Decision: Full-time custodial sentence. For orders see [48] Catchwords: Use carriage service to groom person under 16 years of age Legislation Cited: Criminal Code 1995 (Cth) Crimes Act 1900 Crimes Act 1914 (Cth) Cases Cited: De Leeuw v R [2015] NSWCCA 183 DPP v Garside [2016] VSCA 74 Gifford v R [2016] NSWCCA 302 Rampling v R [2010] NSWCCA 293 R v Asplund [2010] NSWCCA 316 R v Gajjar [2008] 192 A Crim R 78 Category: Sentence Parties: Director of Public Prosecutions (Crown) Scott Edward Roulston (Offender) Representation: Solicitors: A Von Treifeldt (Cth Crown) M Kwan (Offender) File Number(s): 18/192686 Publication restriction: Pursuant to s 7 of Court Suppression and Non‑Publication Act 2010, there is to be no disclosure of information that will reveal the identity of the assumed online identity who will be referred to in these remarks as AOI.

remarks on sentence 1. The offender has pleaded guilty to one offence pursuant to s 474.27(1) of the Criminal Code 1995 (Cth) ("the Code") of use carriage service to groom a person under the age of 16 years. The maximum penalty proscribed for that offence is imprisonment for 12 years and/or a fine of $151,200.00. 2. The offending took place between 26 February 2018 and 15 March 2018. The offender was arrested on 18 June 2018 and has been in custody since that date. He entered a plea on 16 October 2018 at the Nowra Local Court and it is common ground that he is entitled to a utilitarian discount on sentence in respect of that early plea. 3. The offender has further asked that an additional charge of use carriage service to send indecent material to a person under 16 years of age pursuant to s 474.27A of the Code be taken into account on sentence.