Calatzis v Jones

Case [2024] ACTSC 42


SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY

Case Title:

Calatzis v Jones

Citation: 

[2024] ACTSC 42

Hearing Date: 

13 February 2024

Decision Date: 

27 February 2024

Before:

Mossop J

Decision: 

See [110]

Catchwords: 

CRIMINAL LAW – PROSECUTION APPEAL AGAINST SENTENCE – Appeal from ACT Magistrates Court – act of indecency – where letter of apology disclosed respondent was not confused about whether victim consented – magistrate erred in finding reduction of moral culpability arising from the circumstances in which the offending occurred – error established – respondent resentenced

CRIMINAL LAW – JURISDICTION, PRACTICE AND PROCEDURE – Sentencing principles – reduction of sentence – scope of statutory discretion to award discount narrowed by ACT Court of Appeal decisions – emphasis on utilitarian value of plea

STATUTES – INTERPRETATION – Statutory construction of s 31(2) Crimes (Sentencing) Act 2005 (ACT) – whether s 31(2) prevents the imposition of a good behaviour order that overlaps with any sentence – where s 31(2) introduced as legislative response to theoretical problem discussed in ACTSC cases – text, content and purpose indicate that s 31(2) applies only in relation to a combination sentence – provision did not apply to sentence imposed by magistrate

Legislation Cited: 

Crimes Act 1900 (ACT), s 60

Crimes (Sentencing) Act 2005 (ACT), ss 10, 12(3), 13, 28, 29, 30, 31, 35, Pt 3.6, Ch 6

Crimes (Sentence Administration) Act 2005 (ACT), ss 108, 110, 149

Legislation Act 2001 (ACT), ss 6(3), 126(1), 140, 145, Pt 14.2

Magistrates Court Act 1930 (ACT), ss 219B(1)(f), 219D(e), 219F

Cases Cited: 

Atanackovic v R [2015] VSCA 136; 45 VR 179

Blundell v The Queen [2019] ACTCA 34

Cranfield v The Queen [2018] ACTCA 3

Director of Public Prosecutions v Earle [2023] ACTSC 93

DPP v Jones (No 2) [2023] ACTSC 99

DPP v Robertson [2023] ACTSC 383

Harlovich v Sebbens [2023] ACTSCFC 3

Millard v Pomeroy [2022] ACTSC 319

Miller v The Queen [2018] ACTCA 21

Monfries v The Queen [2014] ACTCA 46

Peter v Wade [2017] ACTSC 122; 80 MVR 268

R v Ali (No 4) [2020] ACTSC 350

R v Lee [2016] ACTCA 69

R v Nicholas; R v Palmer [2019] ACTCA 36

R v Pumpa [2015] ACTSC 177

R v Ralston [2020] ACTCA 47

R v Thomson; R v Houlton [2000] NSWCCA 309; 49 NSWLR 383

R v Toumo’ua [2017] ACTCA 9; 12 ACTLR 103

Szabo v MS [2018] ACTMC 9

The Queen v Miller [2019] ACTCA 25

Van Leeuween v Hawke [2012] ACTSC 8; 256 FLR 433

Williams v The Queen [2018] ACTCA 4

Zhao v The Queen [2018] ACTCA 38

Texts Cited:

Australian Capital Territory, Parliamentary Debates, Legislative Assembly, 30 November 2017

Explanatory Statement, Crimes Legislation Amendment Bill 2017 (No 2) (ACT)

Parties: 

Paul Calatzis ( Appellant)

Liam Jones ( Respondent)

Representation: 

Counsel

T Hickey ( Appellant)

K Lee ( Respondent)

Solicitors

Director of Public Prosecutions ( Appellant)

Armstrong Legal ( Respondent)

File Number:

SCA 52 of 2023

Decision Under Appeal: 

Court/Tribunal:           ACT Magistrates Court

Before:…

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Calatzis v Jones [2024] ACTSC 42
Case
[2024] ACTSC 42
Decision Date

CaseChat Overview and Summary

The appeal in Calatzis v Jones originated from the ACT Magistrates Court, where the respondent was convicted of an act of indecency. The prosecution appealed against the sentence imposed by the magistrate, contending that the penalty was unduly lenient. The respondent, having pleaded guilty, was initially sentenced to a community service order. The Crown argued that the sentence did not appropriately reflect the seriousness of the offence or serve as an adequate deterrent.

The legal issues before the court involved the proper application of sentencing principles, particularly the reduction of sentence for reasons such as the early guilty plea. The court needed to determine whether the magistrate had correctly assessed the moral culpability of the offence and whether the statutory provisions concerning sentencing discounts were applied appropriately. Additionally, the court had to interpret the meaning of section 31(2) of the Crimes (Sentencing) Act 2005 (ACT), which pertains to the imposition of good behaviour orders.

The court found that the magistrate had erred in reducing the sentence by attributing a lesser degree of moral culpability to the respondent. The letter of apology submitted by the respondent indicated that he was aware of the victim's consent, contrary to the magistrate's findings. The court also clarified that section 31(2) of the Act does not preclude the imposition of a good behaviour order that overlaps with another sentence; it only applies to a combination sentence. Consequently, the Crown's appeal was upheld, and the matter was remitted to the Magistrates Court for resentencing. The respondent was to be resentenced to better reflect the seriousness of the offence and to serve as an effective deterrent.

Orders

Orders of the court

See [110]

Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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