A person who uses the internet to procure a child for sexual contact will ordinarily be sentenced to a term of immediate imprisonment under s 474.26(1) of the Criminal Code (Cth), with deterrence being the paramount sentencing consideration. A wholly suspended sentence for such an offence is likely to be regarded as grossly inadequate. However, the constraints inherent in Crown appeals — double jeopardy, the restraint on substituting immediate imprisonment for a suspended sentence, and the overarching discretion — may prevent appellate intervention even where manifest inadequacy is established.
The full text is available to signed-in members, including the 30 later cases that cite this judgment.
6 of the 30 citing cases carry a classified treatment. How each court treated it is available to signed-in members.