Director of Public Prosecutions v Gleeson (No 2)
[2022] ACTSC 311
•10 November 2022
SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY
Case Title: | DPP v Gleeson (No 2) |
Citation: | [2022] ACTSC 311 |
Hearing Date: | 10 November 2022 |
DecisionDate: | 10 November 2022 |
Before: | Elkaim J |
Decision: | (a) For the offence of using a carriage service to transmit indecent communication to a person under 16 years of age (CC2022/6797), the offender is sentenced to one year imprisonment, from 17 February 2022 to 16 February 2023. (b) For the offence of sexual intercourse with a child between 10–16 years (CC2022/1536), the offender is sentenced to two years and six months’ imprisonment (reduced from two years, nine months and 14 days) from 17 February 2023 to 16 August 2025. (c) For the offence of sexual intercourse with a child between 10–16 years (CC2022/1539), the offender is sentenced to two years and six months’ imprisonment (reduced from two years, nine months and 14 days) from 9 May 2024 to 8 November 2026. (d) For the offence of sexual intercourse with a child between 10–16 years (CC2022/1540), the offender is sentenced to two years and six months’ imprisonment (reduced from two years, nine months and 14 days) from 9 May 2025 to 8 November 2027. (e) For the offence of using a child between 12–18 years to produce child exploitation material (CC2022/1543), the offender is sentenced to two years’ imprisonment (reduced from 27 months) from 8 May 2026 to 7 May 2028. (f) For the offence of contravening a family violence order (CC2022/3823), the offender is sentenced to six months’ imprisonment (reduced from six months and 21 days) from 8 January 2028 to 7 July 2028. (g) For the offence of act of indecency in the presence of a person between 10–16 years (CC2022/6798), the offender is sentenced to 11 months’ imprisonment (reduced from 12 months) from 17 February 2023 to 16 January 2024. (h) The total period of imprisonment is six years, four months and 21 days imprisonment, from 17 February 2022 to 7 July 2028. (i) I decline to make a recognisance release order in relation to the offence of using a carriage service to transmit indecent communications to a person under 16 years of age (CC2022/6797), pursuant to s 19AC(4)(b) of the Crimes Act 1914 (Cth). (j) I set a Territory non-parole period of two years, six months and seven days from 17 February 2023 to 23 August 2025. |
Catchwords: | CRIMINAL LAW – JURISDICTION, PRACTICE AND PROCEDURE – Judgment and Punishment – Sentence – restructuring of previously imposed sentence – where both Federal and Territory offences – s 19AJ of the Crimes Act 1914 |
Legislation Cited: | Crimes Act 1914 (Cth) ss 19AC, 19AJ |
Parties: | ACT Director of Public Prosecutions Kaine Michael Gleeson (Offender) |
Representation: | Counsel S Bargwanna (ACT Director of Public Prosecutions) J Cooper (Offender) |
| Solicitors ACT Director of Public Prosecutions Aboriginal Legal Service (Offender) | |
File Number: | SCC 179 of 2022 SCC 180 of 2022 |
Elkaim J:
I sentenced Mr Gleeson yesterday. It has been brought to my attention that the sentencing structure contravenes certain provisions of the Crimes Act 1914 (Cth) (Crimes Act).
It is accordingly necessary for me to restructure the sentence, which, with the consent of the parties, I will now do.
The new structure has precisely the same outcome in terms of length and effective non-parole period.
As I am unable to impose a single non-parole period for both Territory and Federal offences under s 19AJ of the Crimes Act, it is also necessary for me to make an order to the effect that I decline to make a recognisance release order for the Commonwealth offence of using a carriage service to transmit indecent communications to a person under 16 years of age pursuant to s 19AC(4)(b) of the Crimes Act.
I will impose a two year, six month and seven day non-parole period relating only to the Territory offences, which will commence at the end of the Commonwealth offence, from 17 February 2023 to 23 August 2025. When viewed as if the Commonwealth offence was included, this achieves effectively the same 55 per cent non-parole period of the head sentence and makes the offender eligible for parole on the same date of 23 August 2025.
I make the following orders:
(a)For the offence of using a carriage service to transmit indecent communication to a person under 16 years of age (CC2022/6797), the offender is sentenced to one year imprisonment, from 17 February 2022 to 16 February 2023.
(b)For the offence of sexual intercourse with a child between 10–16 years (CC2022/1536), the offender is sentenced to two years and six months’ imprisonment (reduced from two years, nine months and 14 days) from 17 February 2023 to 16 August 2025.
(c)For the offence of sexual intercourse with a child between 10–16 years (CC2022/1539), the offender is sentenced to two years and six months’ imprisonment (reduced from two years, nine months and 14 days) from 9 May 2024 to 8 November 2026.
(d)For the offence of sexual intercourse with a child between 10–16 years (CC2022/1540), the offender is sentenced to two years and six months’ imprisonment (reduced from two years, nine months and 14 days) from 9 May 2025 to 8 November 2027.
(e)For the offence of using a child between 12–18 years to produce child exploitation material (CC2022/1543), the offender is sentenced to two years’ imprisonment (reduced from 27 months) from 8 May 2026 to 7 May 2028.
(f)For the offence of contravening a family violence order (CC2022/3823), the offender is sentenced to six months’ imprisonment (reduced from six months and 21 days) from 8 January 2028 to 7 July 2028.
(g)For the offence of an act of indecency in the presence of a person between 10–16 years (CC2022/6798), the offender is sentenced to 11 months’ imprisonment (reduced from 12 months) from 17 February 2023 to 16 January 2024.
(h)The total period of imprisonment is six years, four months and 21 days imprisonment, from 17 February 2022 to 7 July 2028.
(i)I decline to make a recognisance release order in relation to the offence of using a carriage service to transmit indecent communications to a person under 16 years of age (CC2022/6797), pursuant to s 19AC(4)(b) of the Crimes Act 1914.
(j)I set a Territory non-parole period of two years, six months and seven days from 17 February 2023 to 23 August 2025.
| I certify that the preceding six [6] numbered paragraphs are a true copy of the Reasons for Sentence of his Honour Justice Elkaim. Associate: Date: |
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