CN v Beck - [2017] ACTSC 250

SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY

Case Title:	CN v Beck
Citation:	[2017] ACTSC 250
Hearing Date:	15 August 2017
DecisionDate:	15 August 2017
Before:	Murrell CJ
Decision:	Appeal dismissed.
Catchwords:	CRIMINAL LAW – JURISDICTION, PRACTICE AND PROCEDURE – Appeal from ACT Childrens Court – appeal against sentence – whether sentence manifestly harsh and excessive – breach of good behaviour order – re-sentenced in Childrens Court to partially suspended sentence – offence objectively serious – non-compliance with good behaviour order obligations – appeal dismissed
Legislation Cited:	Crimes (Sentence Administration) Act 2005 (ACT) ss 108, 110(2) Crimes Act 1900 (ACT) s 375(16)(a) Magistrates Court Act 1930 (ACT) s 216
Cases Cited:	Amos v McCarron [2017] ACTSC 6; 79 MVR 179 Dalton v Queen [2015] ACTCA 48 NC v The Queen [2017] ACTCA 31
Parties:	CN (Appellant) Teresa Beck (Respondent)
Representation:	Counsel Mr J Moffett (Appellant) Mr T Hickey (Respondent)
Solicitors Aboriginal Legal Service (NSW/ACT) (Appellant) ACT Director of Public Prosecutions (Respondent)
File Number:	SCA 39 of 2017
Decision under appeal:	Court/Tribunal: ACT Childrens Court Before: Chief Magistrate Walker Date of Decision: 27 April 2017 Case Title: Beck v CN Court File Number: CH 897 of 2014

MURRELL CJ:

The proceedings

On 5 November 2014, when he was 15 years old, the appellant committed an act of indecency on a child under the age of 10 (he pulled down the underpants of a five year old female relative and tickled her genital area).

On 19 February 2016, the Childrens Court sentenced the appellant by imposing an 18 month good behaviour order with a supervision condition of 12 months or such lesser period as the Director General deemed appropriate.

Between 17 December 2015 and 20 April 2016, the appellant was in custody. After he was released, he received directions from Child and Youth Protection Services. Between 11 November 2016 and 7 December 2016, he received three warning letters concerning failure to adhere to a residence condition and failure to attend supervision and counselling appointments. He committed no new offence.

He was brought before the Childrens Court for breach of the good behaviour order.

On 27 April 2017, the Childrens Court (the Chief Magistrate) found that the breach was established and re-sentenced the appellant to four months' imprisonment, backdated to 23 February 2017 (to take account of 64 days spent in custody on remand for the subject offence and other alleged offences). The sentence was suspended from 27 April 2017 (the re-sentencing date) on the appellant entering a 12 month good behaviour order (to 26 April 2018) to be supervised for 12 months or such lesser period as the Director General deemed appropriate.

The appeal

The appellant appealed against the sentence on the ground that it was manifestly harsh and excessive in the circumstances.

The principles applying to a complaint of manifest excess are well-known and were recently endorsed by the Court of Appeal in NC v The Queen [2017] ACTCA 31 at [51] (quoting Dalton v Queen [2015] ACTCA 48

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

Continue reading CN v Beck

Details

AGLC: CN v Beck [2017] ACTSC 250
Case: [2017] ACTSC 250
Decision Date: 15 August 2017

CaseChat Overview and Summary

CN appeals against his sentence in the ACT Children's Court, arguing that it was manifestly harsh and excessive. The underlying issue revolves around a breach of a good behaviour order. Initially, the Children's Court sentenced CN to a partially suspended sentence, and this appeal seeks to challenge that decision. The legal issues central to this appeal include whether the sentence was appropriately tailored to the circumstances of the offence and whether the penalty imposed was disproportionate to the breach of the good behaviour order.

The court carefully considered the nature of the offence, which was deemed objectively serious, and the breach of the good behaviour order, which highlighted CN's non-compliance with previously imposed obligations. The court examined the principles of sentencing in the context of children and the importance of proportionality and deterrence. The Children's Court's decision was scrutinised to ensure it adhered to the relevant statutory frameworks and case law. Ultimately, the court found that the sentence was neither manifestly harsh nor excessive, taking into account the seriousness of the breach and the need for appropriate consequences.

The appeal was dismissed, affirming the Children's Court's authority to impose a sentence that balanced the need for accountability with the rehabilitative aims of juvenile justice. The court underscored the importance of adhering to statutory mandates and the established jurisprudence on sentencing children, concluding that the sentence was appropriate and proportionate to the offence and breach.

Orders

Orders of the court

Appeal dismissed.

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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