Director of Public Prosecutions v Jones (No 2)

The Supreme Court of the Australian Capital Territory handed down its judgment on 5 May 2023 in the case of Director of Public Prosecutions v Jones (No 2). The Court was required to determine the appropriate sentence for Liam Jones, who had been found guilty by a jury of one count of sexual intercourse without consent, contrary to s 54(1) of the Crimes Act 1900 (ACT), and one count of engaging in an act of indecency without consent, contrary to s 60(1) of the Crimes Act 1900 (ACT). The maximum penalty for sexual intercourse without consent is imprisonment for 12 years, while the maximum penalty for committing an act of indecency without consent is imprisonment for seven years. The Court considered the nature and circumstances of the offences, the impact on the victim, the objective seriousness of the offences, the circumstances of the offender, and whether the offender demonstrated remorse. In sentencing Jones, the Court imposed a term of imprisonment for two years and six months for the offence of sexual intercourse without consent, and a term of imprisonment for one year for the offence of committing an act of indecency without consent. The Court set a non-parole period of 15 months. The Court noted that while the offender had no prior criminal history and had significant support from his family and partner, his attitude towards his offending was a source of significant concern. The offender maintained his innocence despite the jury verdicts, and demonstrated no real remorse. The Court concluded that a sentence of full-time imprisonment was appropriate, and that an intensive correction order would be inadequate to give effect to the purposes of sentencing. The Court also noted that it would not be appropriate to suspend the sentence of imprisonment, as the offender maintained his innocence and demonstrated no real remorse. The Court took into account the offender's mental health conditions and set a shorter non-parole period than would otherwise have been the case.