DPP v Rue

Case [2023] ACTSC 270

SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY

Case Title:

DPP v Rue

Citation: 

[2023] ACTSC 270

Hearing Date (s): 

1 September 2023

Decision Date: 

22 September 2023

Before:

Taylor J

Decision: 

See [131].

Catchwords: 

CRIMINAL LAW – JURISDICTION, PRACTICE AND PROCEDURE – Judgment and Punishment – Sentence – sexual offending – one count of committing an act of indecency – one count of sexual intercourse without consent – rolled up counts – pleas of guilty – overwhelmingly strong prosecution case for Count 1 – breach of trust – vulnerable victim – consideration of impact of drug use on moral culpability – consideration of offender’s state of mind – very good prospects of rehabilitation providing drug use addressed – consideration of impact on third-parties – limited criminal history – sentence of imprisonment

Legislation Cited: 

Crimes (Sentencing) Act 2005 (ACT), ss 6, 7, 10, 33, 35(4), 53(1)(a), 65

Crimes Act 1900 (ACT), ss 53(1), 54, 60, 67A(2)(b)

Cases Cited: 

Blundell v The Queen [2019] ACTCA 34

Cotter v Corvisy [2008] ACTSC 64; 1 ACTLR 299

Director of Public Prosecutions v Dalgliesh (a pseudonym) [2017] HCA 41; 262 CLR 428

Director of Public Prosecutions v Earle [2023] ACTSC 93

Director of Public Prosecutions v Myers (a pseudonym) [2023] ACTSC 142

Hasan v The Queen [2010] VSCA 352; 31 VR 28

Henry v The Queen [2019] ACTCA 5

Hili v The Queen [2010] HCA 45; 242 CLR 520

Laipato v The Queen [2020] ACTCA 35

Markarian v The Queen [2005] HCA 25; 228 CLR 357

Mill v The Queen (1998) 166 CLR 59

Muldrock v The Queen [2011] HCA 39; 244 CLR 120

Ngata v The Queen [2020] ACTCA 18

O'Brien v The Queen [2015] ACTCA 47

Pearce v The Queen [1998] HCA 57; 194 CLR 610

R v Alabbasi [2017] ACTSC 231

R v Ali (No 4) [2020] ACTSC 350

R v Aroub [2017] ACTSC 187

R v BC (No 4) [2021] ACTSC 119

R v Ballantyne (Unreported, Supreme Court of the Australian Capital Territory, Murrell CJ, 1 April 2014)

R v Buda-Kaa [2013] ACTCA 46

R v Buda-Kaa(Unreported, Supreme Court of the Australian Capital Territory, Burns J, 30 November 2012)

R v Coleman (1990) 19 NSWLR 467; 47 A Crim R 306

R v Finau (No 2) [2020] ACTSC 193

R v Hancock [2021] ACTSC 52

R v Incandela (No 4) [2022] ACTSC 139

R v John [2017] ACTSC 144

R v Kekalainen(No 3) [2016] ACTSC 297

R v Kelly [2020] ACTSC 292

R v Kilic [2016] HCA 48; 259 CLR 256

R v MAK [2006] NSWCCA 381; 167 A Crim R 159

R v Miller [2019] ACTCA 25

R v MT [2014] ACTSC 162

R v Naing [2023] ACTSC 210

R v Newby [2022] ACTCA 20; 367 FLR 122

R v Okwechime [2022] ACTSC 233

R v Palmer [2017] ACTSC 357

R v Pham [2015] HCA 39; 256 CLR 550

R v Snowden [2022] ACTSC 186

R…

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DPP v Rue [2023] ACTSC 270
Case
[2023] ACTSC 270
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CaseChat Overview and Summary

In the case of DPP v Rue, the appellant was brought before the court for two counts of sexual offences: one count of committing an act of indecency and one count of sexual intercourse without consent. The case was heard in the relevant court, where the appellant had entered pleas of guilty to both charges. The nature of the dispute centred on the appropriate sentence to be imposed, considering the circumstances of the offences, the character of the offender, and the impact on the victim and the broader community.

The legal issues the court was required to decide included the extent of the breach of trust, the vulnerability of the victim, the influence of drug use on the offender's moral culpability, and the offender's prospects for rehabilitation. The court also needed to weigh the impact of the offences on third parties and the offender's limited criminal history. Given the overwhelming evidence against the appellant for the first count, the court had to determine the appropriate punishment that would serve as both a deterrent and a means of rehabilitating the offender.

The court's reasoning took into account the serious nature of the offences, the breach of trust, and the vulnerability of the victim. It considered the impact of drug use on the offender's moral culpability and state of mind, and the potential for rehabilitation if the offender addressed their drug dependency. The court also evaluated the impact on third parties and the limited criminal history of the offender. Ultimately, the court concluded that imprisonment was necessary to adequately reflect the seriousness of the offences and to provide a pathway for the offender's rehabilitation.

The final orders of the court, detailed in [131], involved a sentence of imprisonment for the appellant. The specifics of the sentence were determined by considering all the relevant factors, ensuring a balance between punishment, deterrence, and the potential for rehabilitation.

Orders

Orders of the court

See [131].

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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