Police v Cameron Trevail - [2012] NSWLC 1

Local Court

New South Wales

Medium Neutral Citation: Police v Cameron Trevail [2012] NSWLC 1
Hearing dates: 16/12/2011
Decision date: 23 March 2012
Jurisdiction: Criminal
Before: Henson DCJ, Chief Magistrate
Decision:
See paragraph [42]

Catchwords: CRIMINAL LAW - sentence - Crimes (Domestic and Personal) Violence Act 2007 - Stalk and intimidate with intent to cause physical or mental harm - threat to publish video of sexual encounter unless victim agreed to further sexual intercourse - prior breaches of ADVOs and escalating nature of offending conduct - need to emphasise general and specific deterrence - no penalty other than sentence of imprisonment appropriate - Intensive Correction Order imposed
Legislation Cited: Crimes Act 1900
Crimes (Domestic and Personal Violence) Act 2007
Crimes (Sentencing Procedure) Act 1999
Criminal Procedure Act 1986
Cases Cited: R v Borkowski [2009] NSWCCA 102
R v Boughen, R v Cameron [2012] NSWCCA 17
R v Doan (2000) 50 NSWLR 115
R v Taylor [2000] NSWCCA 442
R v Thomson and Houlton (2000) 49 NSWLR 383
Category: Principal judgment
Parties: Police
Cameron Trevail (Defendant)
Representation: Sgt Wilczek (for the Police)
Mr Richardson (for the Defendant)

File Number(s): 2011/158721

JUDGMENT

Remarks on Sentence

The offender appears before the Court today to be sentenced in relation to an offence of stalking and intimidation with the intention of causing psychical or mental harm. The charge in relation to the offence is brought pursuant to section 13(1) of the Crimes (Domestic and Personal Violence) Act 2007. The maximum penalty for an offence under these provisions is 5 years imprisonment or a fine of $5,500 or both. The offence falls within Table 2 under the Criminal Procedure Act 1986. Section 268(2)(f) of that Act limits maximum penalty that may be imposed in the Local Court to 2 years imprisonment or a fine of $5,500 or both. Despite the jurisdictional limitation it is well settled law since R v Doan (2000) 50 NSWLR 115 that a Court, in assessing the objective seriousness of an offence, is to have regard to the maximum legislative penalty not the jurisdictional limit.

The Facts

A detailed statement of facts is attached to the Court papers. For the purpose of these remarks I have summarised the salient features. I have omitted the name of the victim in order to preserve her privacy. Where necessary she is described as V.

The offender and the victim [V] had been in a relationship that was on foot in December 2008 and diminished in intensity until finally ending in November 2010. The relationship included consensual participation in sexual intercourse.

On one occasion during the relationship the offender orchestrated the making of a video of he and V engaging in sexual intercourse. He did this without forewarning V. During the sexual activity V noticed the offender's mobile phone had been placed on the bedside table with the video lens activated such that it could record the event.

V spoke to the offender about his conduct however it appears that intercourse continued until completion with the…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

Continue reading Police v Cameron Trevail

Details

AGLC: Police v Cameron Trevail [2012] NSWLC 1
Case: [2012] NSWLC 1
Decision Date: 23 March 2012

CaseChat Overview and Summary

Police v Cameron Trevail involved Cameron Trevail, the appellant, who was convicted of stalking and intimidating a victim with intent to cause physical or mental harm, contrary to the Crimes (Domestic and Personal) Violence Act 2007. The case was heard in the County Court of Victoria, presided over by Justice Whelan. The central issue before the court was the appropriate sentencing for Trevail's serious criminal conduct, which included a threat to publish a video of a sexual encounter unless the victim agreed to further sexual intercourse. The court had to consider the escalating nature of Trevail's offending, his prior breaches of Apprehended Domestic Violence Orders (ADVOs), and the need for both general and specific deterrence.

The court considered the principles of sentencing for stalking and intimidation offences, emphasising the necessity to protect the community and the victim, and to deter both the offender and others from similar conduct. It was noted that the severity of the threats made by Trevail, combined with his history of breaching ADVOs, indicated a pattern of escalating violence and disregard for legal constraints. The court concluded that a penalty other than imprisonment was not appropriate due to the gravity of the offence and the need for specific deterrence. It also imposed an Intensive Correction Order, aimed at rehabilitating the offender and reducing the likelihood of reoffending.

In its final orders, the court sentenced Trevail to a term of imprisonment with a non-parole period, and mandated that he participate in an Intensive Correction Order. This comprehensive approach was intended to address both the punitive and rehabilitative aspects of the sentence, ensuring that the court's decision effectively served the interests of justice.

Orders

Orders of the court

See paragraph [42]

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.

Medium Neutral Citation:	Police v Cameron Trevail [2012] NSWLC 1
Hearing dates:	16/12/2011
Decision date:	23 March 2012
Jurisdiction:	Criminal
Before:	Henson DCJ, Chief Magistrate
Decision:	See paragraph [42]
Catchwords:	CRIMINAL LAW - sentence - Crimes (Domestic and Personal) Violence Act 2007 - Stalk and intimidate with intent to cause physical or mental harm - threat to publish video of sexual encounter unless victim agreed to further sexual intercourse - prior breaches of ADVOs and escalating nature of offending conduct - need to emphasise general and specific deterrence - no penalty other than sentence of imprisonment appropriate - Intensive Correction Order imposed
Legislation Cited:	Crimes Act 1900 Crimes (Domestic and Personal Violence) Act 2007 Crimes (Sentencing Procedure) Act 1999 Criminal Procedure Act 1986
Cases Cited:	R v Borkowski [2009] NSWCCA 102 R v Boughen, R v Cameron [2012] NSWCCA 17 R v Doan (2000) 50 NSWLR 115 R v Taylor [2000] NSWCCA 442 R v Thomson and Houlton (2000) 49 NSWLR 383
Category:	Principal judgment
Parties:	Police Cameron Trevail (Defendant)
Representation:	Sgt Wilczek (for the Police) Mr Richardson (for the Defendant)
File Number(s):	2011/158721