FEDERAL COURT OF AUSTRALIA
John Barrington Parker v The Queen [2001] FCA 409
CATCHWORDS
CRIMINAL LAW – sentencing – sexual intercourse without consent – whether sentencing judge’s errors rendered the sentence defective - not - whether sentence manifestly excessive – not – appeal dismissed.
Crimes Act 1900 (ACT), ss 429A, 454
R v Boudelah and Charlston (1991) 28 FCR 176
Dinsdale v R [2000] HCA 54; (2000) 175 ALR 315; (2000) 74 ALJR 1538
Short v R (1994) 49 FCR 556
R v Gell (unreported, 25 June 1998, ACTSC, Crispin J)JOHN BARRINGTON PARKER v THE QUEEN
A72/2000
BEAUMONT ACJ, HIGGINS and GYLES JJ
DATE: 12 APRIL 2001
CANBERRA
IN THE FEDERAL COURT OF AUSTRALIA
AUSTRALIAN CAPITAL TERRITORY DISTRICT REGISTRY
A72 of 2000
ON APPEAL FROM THE CHIEF JUSTICE OF THE SUPREME COURT OF THE AUSTRAIAN CAPITAL TERRITORY
JUDGES:
BEAUMONT ACJ, HIGGINS AND GYLES JJ
DATE OF ORDER:
12 APRIL 2001
WHERE MADE:
CANBERRA
THE COURT ORDERS THAT:
The appeal be dismissed.
Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
IN THE FEDERAL COURT OF AUSTRALIA
AUSTRAILAN CAPITAL TERRITORY DISTRICT REGISTRY
A72 of 2000
BETWEEN:
JOHN BARRINGTON PARKER
AppellantAND:
THE QUEEN
Respondent
JUDGES:
BEAUMONT ACJ, HIGGINS AND GYLES JJ
DATE:
12 APRIL 2001
PLACE:
CANBERRA
REASONS FOR JUDGMENT
THE COURT:
On 16 October 2000, the appellant was found guilty by a jury of an offence charged on indictment that he:
“ . . .on the 7th day of September 1995 at Canberra in the Australian Capital Territory . . .did engage in sexual intercourse with Colleen Burnell without her consent and knowing she did not consent.”
The appellant was, on 17 October 2000, sentenced by the trial judge, Miles CJ, to eight years imprisonment. A non-parole period of five years was fixed. There having been no previous time in custody, the sentence was expressed to commence on 17 October 2000.
Despite the fact that the appellant had, during the trial, denied his guilt, giving sworn evidence that he had not been the person who committed the crime, this appeal was confined, from its inception on 2 November 2000, to the severity of the sentence imposed.
After hearing sentencing submissions proffered on 16 October 2000, the Chief Justice sentenced the appellant the next day. The appellant declined the opportunity for an adjournment for the purpose of preparation of a pre-sentence report or any other material which might have assisted the Chief Justice on sentencing.
The only material additional to the evidence given at trial was a Victim Impact Statement dated 27 September 1999 and a prior police record relating to the appellant which was tendered without objection. He had no relevant criminal history in his previous 42 years of life. There were only three entries:
“· Disobey red light Offence 27/07/1982 Fine $50.00.
· Speed Offence 17/10/1982 Fine $50.00.
· ACT Destroy/Damage Property Offence 30/08/1999 Convicted with Recognizance.”
The Chief Justice’s remarks on sentencing were as follows:
“John…
Keep reading for free
Create a free CaseChat account to read John Barrington Parker v The Queen and more:
- Read every judgment in full
- Ask AI and get answers linked to paragraphs
- See how each paragraph was cited in later cases
- Download judgments as PDF or Word
One click creates your free account or signs you in.
By continuing you agree to the Terms and Privacy Policy.
- Case
- [2001] FCA 409
- Decision Date
CaseChat Overview and Summary
The legal issues before the court were whether the sentencing judge's errors, if any, were significant enough to render the sentence defective and whether the sentence was manifestly excessive. The court examined whether the errors in the sentencing process were substantial enough to undermine the fairness of the sentence and if the sentence imposed was outside the range of reasonable outcomes for the offence committed. The court also considered the appellant's submission that the sentence was manifestly excessive, taking into account the principles of proportionality and the need to ensure justice is served.
In its reasoning, the court found that while there were some errors in the sentencing process, these did not materially affect the outcome. The court held that the sentence was within the range of reasonable outcomes for the offence of sexual intercourse without consent. The court emphasised the importance of the severity of the offence and the need to deter such behaviour, while also considering the appellant's background and mitigating factors. The court concluded that the sentence was not manifestly excessive and that any errors did not render the sentence defective. Consequently, the appeal was dismissed.
The final order of the court was that the appeal brought by John Barrington Parker against his sentence for sexual intercourse without consent be dismissed. The court upheld the original sentence, finding it to be fair and appropriate given the nature and circumstances of the offence.
Orders
Orders of the court
The appeal be dismissed.
Background
Background to the litigation
Full text does not contain this section.
Evidence
Evidence Before The Court
Full text does not contain this section.
Decision
Reasons for decision
Full text does not contain this section.
Ratio Decidendi
Legal Principle Established
Full text does not contain this section.