R v Kolevski [2020] NSWDC 890 | Case summary

Judgment (5 paragraphs)

[1]

Solicitors: Mr J Kisch (for Director of Public Prosecutions, Cth) File Number(s): 2020/00047861

[2]

sentence - ex tempore revised

Vlad Kolevski is for sentence this afternoon in relation to two offences. The first, pursuant to s 474.27(1) Criminal Code Act 1995 that in February of 2020 he used a carriage service to transmit communications to another person, a fictitious person said to be 14, with the intention of making it easier to procure that person to engage in sexual activity with them; has a maximum penalty 15 years' imprisonment. The second, pursuant to s 474.27A(1) Criminal Code, that between 19 June and 20 February he used a carriage service to send indecent communications to a person, a real child, who was then aged 13; has a maximum penalty of seven years' imprisonment.
It is important to note that earlier this afternoon I dealt with a severity appeal, by Kolevski from sentences relating to his assault (Case No: 2020/00047896) and intimidation of his natural daughter; an intellectually disabled young woman (Case No: 2020/00047896). Although I agreed the penalties fixed by the learned magistrate were correct I varied the commencement date of those sentences to make them totally concurrent.

Use carriage service to groom under 16 years for sex

There will be a sentence of two years 3 months to commence on 13 February 2021 and to expire on 12 May 2023.
The total Commonwealth sentence is 2 years 9 months. I must make a single release order. I direct that you be released on 12 February 2022 at the expiration of 1 year 6 months of your Commonwealth combined sentence; upon you entering a recognizance pursuant to s 20(1)(b) Crimes Act 1914 yourself in the sum of $100 with the following conditions:
To be of good behaviour for a period of 1 year 6 months from this date. It is a condition of that order that he report to and obey the directions of the New South Wales Community Corrections Service, Probation and Parole, for the period of the recognisance. You must obey all directions of that service, particularly in relation to implementation of sex offender programs, a mental health care plan and anger management programs.
Mr Kolevski, I have taken into account your plea of guilty. I have taken into account I am dealing with you today for four matters. Two State offences on appeal, (assault and intimidate) and two Federal offences. After 6 months of your State sentences the Commonwealth sentences will start. The total Commonwealth sentence is 2 years and 9 months with a single recognisance release order release order from on 12 February 2022, after you have served 1 year 6 months of that total sentence, with 1 year 3 months in the community subject to conditions.

R v Kolevski