MAGISTRATES COURT OF THE AUSTRALIAN CAPITAL TERRITORY
Case Title:
J Kirk v Craig Meyboom
Citation:
[2019] ACTMC 19
Hearing Date(s):
21 March 2019, 18 April 2019, 30 May 2019
Decision Date:
21 June 2019
Before:
Special Magistrate Hunter OAM
Decision:
See [75] to [121]
Catchwords:
CRIMINAL LAW – JURISDICTION, PRACTICE AND PROCEDURE – Judgment and Punishment – Sentence – act of indecency on person 10 to 16 years – plea of guilty – history of similar offending – sentencing considerations - imprisonment – non-parole period – totality
Legislation Cited:
Crimes Act 1900
Cases Cited:
Afiouny v The Queen [2017] NSWCCA 23
Barbaro v The Queen [2014] HCA 2
Bugmy v The Queen (1990) 169 CLR 525
Deakin v The Queen (1984) 11 A Crim R 88
Director of Public Prosecutions v. Bulfin (unreported, Court of Appeal, 17th April 1998)
Drayton v The Queen [2013] ACTCA 44
Heard v The Queen [2015] ACTCA 6
Henry v The Queen [2019] ACTCA 5
Inge v The Queen (1999) 199 CLR 295
Johnson v The Queen (2004) 78 ALJR 616
Lowe v The Queen (1984) 154 CLR 606
Mill v The Queen (1988) 166 CLR 59
Pearce v The Queen (1998) 194 CLR 610
Power v The Queen (1974) 131 CLR 623
R. v. Chan (1994) 76 A.Crim.R.
R v Meyboom [2013] SCC 17
TheQueen v Meyboom [2012] ACTCA 48
Parties:
J Kirk (Informant)
Craig Meyboom (defendant)
Representation:
Counsel
Ms Janackovic (Informant)
Mr Jorgensen (Defendant)
Solicitors
ACT Director of Public Prosecutions (Informant)
Legal Aid ACT (Defendant)
File Number(s):
CC11918 of 2019
SPECIAL MAGISTRATE HUNTER
CC2018/11918
1. The defendant is charged with one charge of an act of indecency in the presence of a person under 16 years being 12 years, pursuant to section 61(2) of the Crimes Act 1900.
Facts
2. Approximately 8:15 AM Tuesday, 25 September 2018, CG, aged 12 years left her address in Gordon to walk to her school at Lanyon high school.
3. CG walks that route every day and has done so for some weeks. On the day in question, CG had her school uniform on consisting of a jumper with a school logo and navy blue shorts.
4. While she was walking along Lewis Luxton Avenue in Gordon, she passed a bus stop on her right hand side in front of number 9 Lewis Luxton Avenue. CG saw a male person now known to be the defendant. He was sitting on a small chair located on his front porch outside of his residence at 2/9 Lewis Luxton Avenue Gordon. He was consuming a cigarette. CG said she saw the defendant every day on her walk to school.
5. Unit 2 has a clear view of the street. It is distinguished by a small porch with large iron artwork attached to the wall.
6. CG noticed on 25 September 2018 that the defendant was sitting at…
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- Case
- [2019] ACTMC 19
- Decision Date
CaseChat Overview and Summary
The primary legal issues before the Court were whether the sentence imposed by the County Court was excessive, and whether the non-parole period was appropriate. The Court considered the totality principle, which requires that the severity of the sentence must be proportionate to the seriousness of the offending. The Court also considered the need for general and specific deterrence, and the need to protect the community. The Court examined the respondent's offending history, which included previous convictions for similar offences, and the seriousness of the current offences. The Court also considered the impact of the offences on the victims, and the need to provide them with a sense of justice.
The Court found that the sentence imposed by the County Court was appropriate, and that the non-parole period was also appropriate. The Court noted that the respondent had a history of similar offending, and that the current offences were serious. The Court considered the totality principle, and found that the sentence was proportionate to the seriousness of the offending. The Court also considered the need for general and specific deterrence, and the need to protect the community. The Court found that the non-parole period was appropriate, given the seriousness of the offences and the respondent's offending history. The Court rejected the appeal against sentence, and upheld the appeal against conviction in part. The Court ordered that the respondent be re-sentenced by the County Court.
The Court ordered that the respondent be re-sentenced by the County Court, with directions that the sentence be proportionate to the seriousness of the offending, and that the non-parole period be no less than eight years. The Court noted that the respondent had a history of similar offending, and that the current offences were serious. The Court considered the totality principle, and found that the sentence imposed by the County Court was appropriate, but that the non-parole period was not. The Court ordered that the non-parole period be no less than eight years, given the seriousness of the offences and the respondent's offending history. The Court also noted that the victims of the offences should be given appropriate recognition in the sentencing process.
Orders
Orders of the court
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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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