GW v The Queen

[2016] ACTCA 9

SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY
COURT OF APPEAL

Case Title:

GW v The Queen

Citation:

[2016] ACTCA 9

Hearing Dates:

29 March 2016

DecisionDate:

29 March 2016

Before:

Murrell CJ, Refshauge J and Robinson AJ

Decision:

See [20]–[21]

Catchwords:

CRIMINAL LAW – JURISDICTION, PRACTICE AND PROCEDURE – Judgment and Punishment – Sentence – abolition of periodic detention – community service work

APPEAL – JURISDICTION, PRACTICE AND PROCEDURE Remittal from High Court – appeal against conviction – sentence stayed –resentencing

Legislation Cited:

Crimes (Sentence Administration) Act 2005 (ACT)

Crimes (Sentencing and Restorative Justice) Amendment Act2016 (ACT)

Crimes (Sentencing) Act 2005 (ACT) s 90

Cases Cited:

Armstrong v Regina [2015] NSWCCA 273

GW v The Queen [2015] ACTCA 15
Quzag v The Queen (Unreported, Court of Appeal of the Australian Capital Territory, Refshauge, Burns and Wigney JJ, 2 November 2015)
R v GJ [No. 3] [2014] ACTSC 193

R v GW [2016] HCA 6

Parties:

GW (Appellant)

The Queen (Respondent)

Representation:

Counsel

Mr M Kukulies-Smith (Appellant)

Mr J White SC (Respondent)

Solicitors

Kamy Saeedi Lawyers (Appellant)

ACT Director of Public Prosecutions (Respondent)

File Number:

ACTCA 17 of 2014

Decision under appeal: 

Court:  Supreme Court of ACT

Before:  Penfold J

Date of Decision:         14 July 2014

Case Title:  R v GW

Citation:  sub nom R v GJ(No. 3) [2014] ACTSC 193

THE COURT:

1. This matter was remitted to the Court of Appeal by the High Court for consequential orders with respect to sentence.

Procedural history

1. It is convenient to the set out the procedural background for the remittal made by the High Court.

1. After a trial by jury, GW (the offender), was convicted on one count of an act of indecency in the presence of a child under the age of ten years, being the offender’s five-year-old daughter.

1. It is not necessary to set out further facts in relation to the offending for present purposes. It is sufficient to record that the trial judge sentenced the offender to imprisonment for two years. The first three months of that sentence was to be served by periodic detention. The remainder of the sentence was to be suspended upon the offender signing an undertaking to comply with good behaviour obligations under the Crimes (Sentence Administration) Act 2005 (ACT) for a period of two years. That Good Behaviour Order was subject to conditions that:

(a)For such a period not exceeding two years as ACT Corrective Services considers necessary, the offender accept the Director-General’s supervision and obey all reasonable directions;

(b)The offender undertake such counselling, courses, programmes or treatment as directed by his supervising officer and;

(c)The offender be assessed and, if found suitable, undertake the Adult Sex Offender Program.

1. This sentence was handed down by the trial judge on 14 July 2014. After lodging an appeal against his conviction the offender applied, on 23 July 2014, for a stay of execution of his sentence. By this date the offender had served some short period of imprisonment. The stay was granted.

1. The offender…