Johann Sebastian Lo Castro v The Queen

[2011] HCASL 168

JOHANN SEBASTIAN LO CASTRO
v
THE QUEEN
[2011] HCASL 168
D2/2011

1. The applicant was tried in the Supreme Court of the Northern Territory and found guilty of five counts of unlawful assault and three counts of sexual intercourse without consent.  All the charges alleged offences against the one complainant.  After the jury returned its verdicts the applicant pleaded guilty to a further four counts of unlawful assault and one count of attempting to have sexual intercourse without consent in respect of a different complainant.  The applicant was sentenced by Martin CJ in respect of the several offences described in such a way as to produce a total sentence of 13 years' imprisonment with a non‑parole period of eight years.

2. On the applicant's appeal to the Court of Criminal Appeal of the Northern Territory (Riley CJ, Southwood and Barr JJ) against the sentences that had been imposed the applicant sought to adduce what he alleged was fresh evidence that would demonstrate that the effect of his offending on the first complainant had been less severe than she had described in her victim impact statement.  The Court of Criminal Appeal refused to admit that evidence and the applicant now seeks special leave to appeal to this Court to allege that the Court of Criminal Appeal was wrong to do so.

3. It is not demonstrated that the Court of Criminal Appeal failed to act on and apply established principles concerning the reception of further evidence on appeal.  Having regard to the conclusions rightly reached by the Court of Criminal Appeal that the sentencing judge had not erred in the way in which he had dealt with the relationship between the applicant and the first complainant, that the evidence the applicant sought to adduce would have had no significance in the applicant's sentencing, and that the sentences imposed on the applicant were not manifestly excessive, it is not demonstrated that it is arguable that there has been any miscarriage of justice.

4. Pursuant to r 41.11.1 we direct the Registrar to draw up, sign and seal an order dismissing the application.

K.M. Hayne
6 October 2011 S.M. Crennan