R v Catanzariti

Case [2014] ACTSC 109


SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY

Case Title:

R v CATANZARITI

Medium Neutral Citation:

[2014] ACTSC 109

Hearing Date:

21 February 2014

DecisionDate:

21 February 2014

Reasons Date:

29 May 2014

Before:

Penfold J

Category:

Judgment

Catchwords:

CRIMINAL LAW – JURISDICTION, PRACTICE AND PROCEDURE – Pleas – pleas of guilty to four sexual offences – disputed facts hearing listed – application for leave to withdraw pleas of guilty – accused denying commission of acts constituting offences – circumstances in which plea of guilty may be withdrawn – whether pleas of guilty should be accepted – effect of disputed facts hearing if accused held to guilty pleas – disputed facts hearing would need to determine whether offences committed at all – disputed facts hearing in such circumstances similar to judge-alone trial but without scope for acquittal – judge-alone trials not available for sexual offences – not a satisfactory basis for disputed facts hearing – pleas of guilty rejected – matters referred to central listing for early trial.

Legislation cited:

Supreme Court Act 1933 (ACT), s 68B and Schedule 2

Cases cited:

Lim v Bateman (2001) 125 A Crim R 101
Loury v The Queen [2010] NSWCCA 158

Maxwell v The Queen (1996) 184 CLR 501
Meissner v The Queen (1995) 184 CLR 132 Norvenska v Director of Public Prosecutions(Cth) [2007] NSWCCA 158

R v Gomez [2007] ACTCA 21

Decision:

1.   The accused’s pleas of guilty to the following charges are rejected:

(a)   sexual intercourse without consent;

(b)     attempted sexual intercourse without consent;

(c)   assault with intent to commit act of indecency;

(d)     assault with intent to commit act of indecency.

2.   A trial of the specified charges is to be included in the Pilot Central Criminal Listing.

Parties:

The Queen (Crown)

Anthony Catanzariti (Accused)

File Number(s):

SCC 208 of 2012

Introduction

  1. On 20 July 2012, Anthony Catanzariti was charged with nine offences arising out of an incident in July 2012. He pleaded not guilty, but on 14 October 2013, after many months, many appearances, difficulties in arrangements for him to be represented, and negotiations with the prosecution, he entered pleas of guilty to eight charges, being:

(a)    one of unlawful confinement;

(b)   two of assault occasioning actual bodily harm;

(c)    one of threatening to inflict grievous bodily harm;

(d)   two of assault with intent to commit an act of indecency;

(e)    one of sexual intercourse without consent; and

(f)    one of attempted sexual intercourse without consent.

  1. The matter was adjourned for sentence, but when the sentence hearing began on 16 December 2013, it became apparent that a disputed facts hearing would be needed before the sentencing hearing could usefully proceed.  The hearing was listed for three days in April 2014.

  1. On 3 February 2014, counsel for Mr Catanzariti indicated that his client disputed the central facts of the four sexual assault charges (Counts 3, 4, 5 and 6 on the indictment), and wished to make an application to withdraw his pleas of guilty. The application was subsequently filed,…

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R v Catanzariti [2014] ACTSC 109
Case
[2014] ACTSC 109
Decision Date

CaseChat Overview and Summary

The case of R v Catanzariti involved the accused, Catanzariti, who had entered pleas of guilty to four sexual offences. The case was heard in a relevant court where the disputed facts hearing was listed. The primary legal issue the court had to decide was whether to accept the pleas of guilty given by the accused, who subsequently denied the commission of the acts constituting the offences. The court also had to determine the circumstances under which a plea of guilty could be withdrawn and the implications of proceeding with a disputed facts hearing if the accused were held to their pleas of guilty.

In its reasoning, the court noted that a disputed facts hearing in this context would essentially need to determine whether the offences had been committed at all, which would be akin to a judge-alone trial but without the scope for an acquittal. The court highlighted that judge-alone trials are not available for sexual offences, making the proposed disputed facts hearing an unsatisfactory basis for proceeding with the case. Consequently, the court rejected the pleas of guilty and ordered that the matters be referred to the central listing for an early trial.

The orders of the court were that the accused's pleas of guilty to the charges of sexual intercourse without consent, attempted sexual intercourse without consent, and two counts of assault with intent to commit an act of indecency were rejected. Furthermore, the court mandated that a trial of the specified charges be included in the Pilot Central Criminal Listing for an expedited resolution.

Orders

Orders of the court

1. The accused’s pleas of guilty to the following charges are rejected:

(a) sexual intercourse without consent;

(b) attempted sexual intercourse without consent;

(c) assault with intent to commit act of indecency;

(d) assault with intent to commit act of indecency.

2. A trial of the specified charges is to be included in the Pilot Central Criminal Listing.

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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