R v BC (No 4)

Case [2021] ACTSC 119


SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY

Case Title:

R v BC (No 4)

Citation:

[2021] ACTSC 119

Hearing Date(s):

27 April 2021

DecisionDate:

11 June 2021

Before:

Loukas-Karlsson J

Decision:

See [160]

Catchwords:

CRIMINAL LAW – JURISDICTION, PRACTICE AND PROCEDURE – Judgment and Punishment – Sentence – offences against children – act of indecency with person under the age of 10 years – indecency offence committed when offender a child – sexual intercourse with a person under the age of 16 years – offending resulted in pregnancy – rehabilitation – remorse – hardship and effect on offender’s family and dependants

Legislation Cited:

Children and Young People Act 2008 (ACT)

Crimes (Sentencing Procedure) Act 1999 (NSW) s 22
Crimes (Sentencing) Act 2005 (ACT) ss 6, 7, 10, 33, 34, 35, 133C, 133D
Crimes Act 1900 (ACT) ss 55(2), 61(1), 342(1)(j) (repealed)

Crimes Act 1914 (Cth) s 16A

Cases Cited:

Barbaro v The Queen; Zirilli v The Queen [2012] VSCA 288; 226 A Crim R 354

Blundell v The Queen [2019] ACTCA 34
Bugmy v The Queen (1990) 169 CLR 525
Bugmy v The Queen [2013] HCA 37; 249 CLR 571
Butters v The Queen [2010] NSWCCA 1
Carter v R [2018] NSWCCA 138
Craft v Diebert [2004] ACTCA 15
Deakin v The Queen [1984] HCA 31
Director of Public Prosecutions (Cth) v Ip [2005] ACTCA 24
Director of Public Prosecutions v Dalgliesh (a pseudonym) [2017] HCA 41; 262 CLR 428
Director of Public Prosecutions v STU [2012] TASCCA 7; 21 Tas R 322
DPP v (Cth) v Pratten (No 2) [2017] NSWCCA 42
Elsaj v R [2017] NSWCCA 124
Elshani v R [2015] NSWCCA 254; 255 A Crim R 488
Elshani v The Queen [2015] NSWCCA 254
Fisher v The Queen (1989) 40 A Crim R 442
Henry v The Queen [2019] ACTCA 5
Hili v The Queen [2010] HCA 45; 242 CLR 520
Hogan v Hinch [2011] HCA 4; 243 CLR 506
Imbornone v The Queen [2017] NSWCCA 144
Lee v R [2019] NSWCCA 15
Linden v R [2017] NSWCCA 321
Markarian v The Queen [2005] HCA 25; 228 CLR 357
Mill v The Queen (1988) 166 CLR 59
Monfries v The Queen [2014] ACTCA 46; 245 A Crim R 80
Muldrock v The Queen [2011] HCA 39; 244 CLR 120
Mun v The Queen [2015] NSWCCA 234
Ngata v The Queen [2020] ACTCA 18
O’Brien v The Queen [2015] ACTCA 47
Power v The Queen (1974) 131 CLR 623
R v Adami (1989) 51 SASR 229
R v Ajelara [2015] QCA 56
R v Ashman [2010] ACTSC 45
R v BJW [2000] NSWCCA 60; 112 A Crim R 1
R v Cornell [2015] NSWCCA 258
R v Cramp [2004] NSWCCA 264
R v Deer [2014] NSWDC 24
R v Dent (Unreported, NSWCCA, 14 March 1991)
R v Edwards (1996) 90 A Crim R 510
R v Eisenach [2011] ACTCA 2
R v Gavel [2014] NSWCCA 56

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AGLC
R v BC (No 4) [2021] ACTSC 119
Case
[2021] ACTSC 119
Decision Date

CaseChat Overview and Summary

In R v BC (No 4), the offender, BC, was sentenced for multiple offences of sexual abuse of a child. BC pleaded guilty to one act of indecency with a person under 10 years of age, and three acts of sexual intercourse with a person under 16 years of age. The offences were committed against his cousin, LC, when she was aged between 9 and 15 years, and BC was between 15 and 21 years of age. The court considered the objective seriousness of the offences, the impact on the victim, and the offender's subjective circumstances, including rehabilitation. The court also took into account the probable effect of the sentence on the offender's family and dependents. The court sentenced BC to a total of four years and six months' imprisonment, with a non-parole period of 18 months. The sentence for the act of indecency was a two-year good behaviour order, while the sentences for the sexual intercourse offences were reduced due to the offender's pleas of guilty.

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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