R v BF (No 2)
[2017] ACTSC 424
•7 June 2017
SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY
Case Title: | R v BF (No 2) |
Citation: | [2017] ACTSC 424 |
Hearing Dates: | 20 February 2017, 7 June 2017 |
DecisionDate: | 7 June 2017 |
Before: | Burns J |
Decision: | See [4]–[15] |
Catchwords: | CRIMINAL LAW – JURISDICTION, PRACTICE AND PROCEDURE – Judgment and Punishment – Sentence – one count act of indecency on person under 16 years – four counts act of indecency on person under 10 years – one count sexual intercourse with person under 10 years – pleas of guilty |
Legislation Cited: | Crimes Act 1900 (ACT) ss 61(1), 61(2), 55(1) |
Parties: | The Queen (Crown) BF (Offender) |
Representation: | Counsel Ms S Gul (Crown) Ms K Gunther (Offender) |
| Solicitors ACT Director of Public Prosecutions (Crown) Ben Aulich and Associates (Offender) | |
File Number: | SCC 180 of 2014 |
BURNS J:
I do not propose to give lengthy reasons in relation to the sentences that I will impose, because effectively there is no significant dispute between the Crown and counsel for the accused.
I take into account his pleas of guilty. I accept that whilst they were not at the earliest time, there were reasons why it was not appropriate to enter pleas at an earlier time. I will adopt the suggestion made by counsel and I will reduce by approximately
15 per cent the sentences that I would otherwise have imposed in order to reflect the pleas of guilty.
In my opinion, the appropriate sentencing course is to impose sentences of imprisonment which are to be fully suspended, and a Good Behaviour Order together with an Accommodation Order should be made.
Sentence
With respect to Count 1 (XO2016/30934), being an act of indecency on a person under the age of 16 years contrary to s 61(2) of the Crimes Act 1900 (ACT) (the Crimes Act), I record a conviction and he will be sentenced to nine months’ imprisonment.
On Count 2 (XO2016/30935), being an act of indecency on a person under the age of 10 years contrary to s 61(1) of the Crimes Act, he will be convicted and sentenced to 12 months’ imprisonment.
With respect to Count 3 (XO2016/30936), being an act of indecency on a person under the age of 10 years contrary to s 61(1) of the Crimes Act, he will be convicted and sentenced to 15 months’ imprisonment.
With respect to Count 4 (XO2016/30397), being an act of indecency on a person under the age of 10 years contrary to s 61(1) of the Crimes Act, he will also be convicted and sentenced to 15 months’ imprisonment.
With respect to Count 5 (XO2016/30938), being an act of indecency on a person under the age of 10 years contrary to s 61(1) of the Crimes Act, he will also be convicted and sentenced to 15 months’ imprisonment.
With respect to Count 7 (XO2016/30426), being sexual intercourse with a person under 10 years contrary to s 55(1) of the Crimes Act, he will be convicted and sentenced to 20 months’ imprisonment.
Each of those sentences are to be concurrent and to commence today, 7 June 2017. That means that the effective aggregate sentence is one of 20 months’ imprisonment.
Each of those sentences will be suspended forthwith. There will be a
Good Behaviour Order for a period of three years, requiring him to accept the supervision of the Director-General, or this person’s delegate.
I make it a condition of the Good Behaviour Order that he is to undergo medical assessments and treatment as directed by the Director-General or that person’s delegate.
There will be a further condition, that he is not to contact, directly or indirectly, the complainants, or their family.
I will also make an Accommodation Order, requiring the offender to live at a place or with a person, whether within or outside the ACT, that the Director-General from time to time directs. That order will be for a period of three years.
The Accommodation Order comes into force immediately. The Director-General has been given the responsibility to direct where he will reside, and I would expect that he be directed to reside at the accommodation which has been arranged with
Koomarri supported accommodation in the ACT. I would expect that that would be done sooner rather than later.
| I certify that the preceding fifteen [15] numbered paragraphs are a true copy of the Reasons for Sentence of his Honour Justice Burns. Associate: Sophie Hewitt Date: 1 May 2020 |
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