Sentencing for child luring arising from a prolonged undercover internet exploitation investigation in which the offender believed he was communicating with a 13-year-old child, sent sexually explicit messages and images, and arranged an in-person meeting.
The defence sought a conditional sentence based on exceptional personal circumstances, psychological evidence, rehabilitation, low risk of reoffending, and severe collateral consequences.
The court held that denunciation and deterrence remained primary for child sexual offences and that conditional sentences will only rarely be appropriate in exceptional circumstances rendering incarceration inappropriate.
While accepting substantial mitigating evidence and imposing a sentence below the usual range, the court concluded that a custodial sentence was legally required and imposed 15 months' reformatory time.