R v Buda-Kaa

Case [2013] ACTCA 46


THE QUEEN v DANIEL LEWIS BUDA-KAA

[2013] ACTCA 46 (15 November 2013)

APPEAL – CRIMINAL LAW – appeal against sentence – whether head sentence on each count was manifestly inadequate – whether non-parole period manifestly inadequate – issue of concurrency – whether too much weight given to respondent’s mental illness – whether lack of violence was a mitigating factor – whether digital as opposed to penile penetration was a mitigating factor – sentencing judge correct to consider conduct of respondent and mental health of respondent in determining culpability – no error on part of sentencing judge that would justify intervention – sentences not manifestly inadequate – appeal dismissed.

Crimes (Sentencing) Act 2005 (ACT) s 33(1)(m)

Bui v Director of Public Prosecutions (2012) 244 CLR 638
R v Chatfield [2012] ACTCA 32

R v Buda-Kaa (Sentencing remarks, SCC 281 of 2011, 30 November 2012)
R v King [2008] ACTCA 12

ON APPEAL FROM A SINGLE JUDGE OF THE SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY

No. ACTCA 59 - 2012
No. SCC 281 of 2011

Judges:         Penfold and North JJ and Nield AJ
Court of Appeal of the Australian Capital Territory

Date:            15 November 2013

IN THE SUPREME COURT OF THE       )          No. ACTCA 59 - 2012
  )          No. SCC 281 of 2011
AUSTRALIAN CAPITAL TERRITORY    )
  )

COURT OF APPEAL  )

ON APPEAL FROM A SINGLE JUDGE OF THE SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY

BETWEEN:            THE QUEEN

Appellant

AND:          DANIEL LEWIS BUDA-KAA

Respondent

ORDER

Judges:  Penfold and North JJ and Nield AJ
Place:  Canberra
Date:  6 August 2013

THE COURT ORDERS THAT:

  1. The appeal is dismissed.

IN THE SUPREME COURT OF THE       )          No. ACTCA 59 - 2012
  )          No. SCC 281 of 2011
AUSTRALIAN CAPITAL TERRITORY    )
  )

COURT OF APPEAL  )

ON APPEAL FROM A SINGLE JUDGE OF THE SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY

BETWEEN:            THE QUEEN

Appellant

AND:          DANIEL LEWIS BUDA-KAA

Respondent

ORDER

Judges:  Penfold and North JJ and Nield AJ
Place:  Canberra
Date:  15 November 2013

REASONS FOR JUDGMENT

THE COURT:

  1. On 24 July 2012 the respondent, Daniel Lewis Buda-Kaa, was found guilty by a jury of:

    (a)    on 3 May 2011, engaging the complainant, Ms JW, in sexual intercourse, that is, penetrating her vagina with a finger, without her consent and being reckless as to whether she was consenting to sexual intercourse;

    (b)   on 3 May 2011 committing an act of indecency upon the complainant, that is, touching her on her right breast, without her consent and being reckless as to whether she was consenting to the act; and

    (c)    on 3 May 2011 committing an act of indecency upon the complainant, that is, trying to touch her genitalia, without her consent and being reckless to whether she was consenting to the act.

  2. On 30 November 2012 Burns J sentenced the respondent for the offences as follows:

    (a)    the offence of sexual intercourse without consent: imprisonment for 3 years from 24 April 2012 to 23 April 2015;

    (b)   the offence of…

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AGLC
R v Buda-Kaa [2013] ACTCA 46
Case
[2013] ACTCA 46
Decision Date

CaseChat Overview and Summary

The appeal concerned the adequacy of sentences imposed on the respondent, Buda-Kaa, by a sentencing judge. The appellant, the Crown, argued that the head sentence on each count and the non-parole period were manifestly inadequate. The appeal was heard by the Court of Criminal Appeal.

The central legal issues before the Court were whether the sentencing judge had erred in giving too much weight to the respondent's mental illness, whether the lack of violence and the nature of the penetration were appropriately considered as mitigating factors, and ultimately, whether the imposed sentences were so inadequate as to be manifestly unjust and warranting appellate intervention.

The Court of Criminal Appeal affirmed the sentencing judge's decision, finding no error that would justify intervention. The Court held that the sentencing judge was correct to consider both the respondent's conduct and his mental health in determining culpability. The Court concluded that the sentences imposed were not manifestly inadequate, and that the sentencing judge had appropriately balanced all relevant factors, including the mitigating circumstances presented.

Consequently, the appeal was dismissed.

Orders

Orders of the court

1.

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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