PR v The Queen

Case [2014] ACTCA 40


SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY
COURT OF APPEAL

Case Title:

PR v THE QUEEN

Citation:

[2014] ACTCA 40

Hearing Date(s):

5 May 2014

DecisionDate:

29 August 2014

Before:

Refshauge, Burns and Ross JJ

Decision:

The appeal is dismissed.

Category:

Principal Judgment

Catchwords:

APPEAL - GENERAL PRINCIPLES – Excessive or Inadequate Damages – Whether sentence manifestly excessive – Sentencing a process of instinctive synthesis – No error in not identifying mathematically the amount of the reduction in sentence given for delay – Sentence imposed not manifestly excessive – Appeal dismissed

Legislation Cited:

Crimes Act 1900 (ACT), ss 61(1), 62]
Crimes (Sentencing) Act 2005 (ACT), s 37

Cases Cited:

Blanco (1999) 106 A Crim R 303
Duncan v The Queen (1983) 47 ALR 746
House v The King (1936) 55 CLR 499
Hughes v The Queen [2013] NSWCCA 129
R v Campbell [2010] ACTCA 20
R v Merrett (2007) 14 VR 392
R v PGM (2008) 187 A Crim R 152
R v Verdins (2007) 16 VR 269
R v Williams [2014] ACTCA 30
Wong v The Queen (2001) 207 CLR 584

Parties:

PR (Appellant)

The Queen (Respondent)

Representation:

Counsel

Mr J Sabharwal (Appellant)

Mr J White (Respondent)

Solicitors

Legal Aid Office (ACT) (Appellant)

ACT Director of Public Prosecutions (Respondent)

File Number(s):

ACTCA 62 of 2013

Decision under appeal: 

Court/Tribunal:             Supreme Court of the Australian Capital Territory

Before:  Nield AJ

Date of Decision:          12 September 2013

Case Title:  The Queen v PR

Court File Number(s):   SCC No 37 of 2012

THE COURT:

Introduction

  1. Between 1 October 1989 and 14 September 1991, the appellant, PR, committed two serious sexual offences on his step-daughter, the complainant.

  1. Although his then wife confronted PR with these offences in September 1991, when he left their home and moved to Western Australia, and the complainant made disclosure to the Child At Risk Assessment Unit of The Canberra Hospital later that year, no police action appears to have been taken until police laid informations on 24 August 2011.

  1. PR was arrested in Western Australia on 24 December 2011, extradited to the Territory and, on 16 January 2012, was charged with and pleaded not guilty to various charges.  He was committed to trial to the Supreme Court on 20 February 2012.

  1. A trial of the offences was set for 22 July 2013, but, on 28 May 2013, his counsel informed the Court PR would plead guilty to the offences on which he was ultimately sentenced.  This was accepted in satisfaction of the indictment. 

  1. Thus, on 9 July 2013, he pleaded guilty to the offence of committing, between 1 October 1989 and 20 February 1991, an act of indecency on the complainant, then under the age of ten years and, to the offence of engaging between 1 February and 14 September 1991, in sexual intercourse with the complainant, still under the age of ten and, to his knowledge, his step-child, an offence known as incest.

  1. The charged offence of committing an act of indecency is an offence against…

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PR v The Queen [2014] ACTCA 40
Case
[2014] ACTCA 40
Decision Date

CaseChat Overview and Summary

The appeal concerned the sentencing of the applicant, PR, by the District Court of the Australian Capital Territory. PR sought to appeal against the sentence imposed, arguing that it was manifestly excessive. The appeal was heard by the Court of Appeal of the Supreme Court of the Australian Capital Territory.

The primary legal issue before the Court of Appeal was whether the sentence imposed by the District Court was demonstrably excessive, thereby constituting an error of law. This required the Court to consider the principles of sentencing, particularly in relation to the weight given to factors such as delay in the proceedings.

The Court of Appeal affirmed that sentencing is an exercise of "instinctive synthesis," where the sentencing judge weighs all relevant factors to arrive at an appropriate sentence. The Court found no error in the District Court judge's approach, specifically noting that it was not necessary to mathematically quantify the reduction in sentence attributed to the delay in proceedings. The Court concluded that the sentence imposed was not manifestly excessive and therefore did not warrant appellate intervention.

The appeal was dismissed.

Orders

Orders of the court

The appeal is dismissed.

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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