R v CC - [2016] ACTSC 324

SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY

Case Title:	R v CC
Citation:	[2016] ACTSC 324
Hearing Date:	8 November 2016
DecisionDate:	8 November 2016
Before:	Elkaim J
Decision:	(i) The young person is convicted of the offence of engaging in sexual intercourse with a young person under the age of 10 years, in contravention of s 55(1) of the Crimes Act 1900 (ACT). (ii) An order under s 9(2) of the Crimes (Child Sex Offenders) Act2005 (ACT) that the young person is not a registrable offender. (iii) The offender is to sign an undertaking to comply with the Offender’s Good Behaviour Obligations under the Crimes (Sentencing) Act 2005 (ACT) for a period of 18 months with the following conditions: (a) the offender sign an undertaking to comply with the conditions of this order; (b) the offender be of good behaviour for a period of 18 months to commence on 8 November 2016; (c) the offender comply with the offender’s good behaviour obligations, including the core conditions of the order, under sections 85 and 86 of the Crimes (Sentence Administration) Act 2005 (ACT); (d) the offender is to accept the supervision of the Child and Youth Protection Services director-general and obey all reasonable directions of the Child and Youth Protection Services director-general or their delegate for a period of 18 months; and (e) the offender is to attend educational, vocational, psychological, psychiatric or other programs or counselling as directed by the Child and Youth Protection Services director-general or their delegate particularly noting the recommendations of Dr Katie Seidler, Clinical and Forensic Psychologist in her report dated 19 September 2016.
Catchwords:	CRIMINAL LAW – JURISDICTION, PRACTICE AND PROCEDURE – Judgment and Punishment – Sentence – Particular Offences – offences against the person – engaging in sexual intercourse with a person under 10 years – young offender – plea of guilty
Legislation Cited:	Crimes Act 1900 (ACT), s 55(1) Crimes (Child Sex Offenders) Act 2005 (ACT), ss 9(2), 9(3)(d)(e) Crimes (Sentence Administration) Act 2005 (ACT), ss 85, 86 Crimes (Sentencing) Act 2005 (ACT), ss 6, 7, 10, 17, 33(1)(za), 133C, 133D, 133G
Cases Cited:	OH v Driessen [2015] ACTSC 148 OH v Driessen(No 2) [2015] ACTSC 354 R v BO (No 2) [2014] ACTSC 371 The Queen v CV [2013] ACTCA 22; 233 A Crim R 67
Parties:	The Queen (Crown) CC (Offender)
Representation:	Counsel Ms M Moss (Crown) Mr A Doig (Offender)
Solicitors ACT Director of Public Prosecutions (Crown) Daryl Perkins Solicitor (Offender)
File Number:	SCC 90 of 2016
Publication Restriction:	The names of the complainant and offender are suppressed.

ELKAIM J:

On 18 July 2016, the young person pleaded guilty to one count of engaging in sexual intercourse with a young person under the age of 10 years, in contravention of s 55(1) of the Crimes Act 1900 (ACT). The maximum penalty for this offence is 17 years imprisonment.

The offence occurred on 6 December 2014. The young person was then 15 years of age and…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

Continue reading R v CC

Details

AGLC: R v CC [2016] ACTSC 324
Case: [2016] ACTSC 324
Decision Date: 8 November 2016

CaseChat Overview and Summary

The defendant, CC, a young person, was charged with engaging in sexual intercourse with a person under 10 years of age, in contravention of section 55(1) of the Crimes Act 1900 (ACT). The case was heard by the Magistrates Court of the Australian Capital Territory. CC entered a plea of guilty to the charge. The legal issues before the court included the appropriate sentence to be imposed on CC, considering the gravity of the offence, the young age of the offender, and the need to rehabilitate the offender.

The court considered the nature of the offence, which was a serious violation of the law and had significant implications for the victim and the community. The court noted that CC was a young offender who had pleaded guilty and had shown remorse. The court also took into account the recommendations of Dr Katie Seidler, a Clinical and Forensic Psychologist, who provided a report on CC's psychological profile and recommended specific programs and counselling to address the offender's needs. The court determined that the sentence should focus on rehabilitation and reintegration into society, while also ensuring public safety and providing justice for the victim.

In light of the aforementioned factors, the court convicted CC of the offence and imposed a sentence that included an order under section 9(2) of the Crimes (Child Sex Offenders) Act 2005 (ACT) that CC is not a registrable offender. The court also ordered that CC sign an undertaking to comply with the Offender’s Good Behaviour Obligations under the Crimes (Sentencing) Act 2005 (ACT) for a period of 18 months, with specific conditions aimed at rehabilitating the offender and preventing re-offending. The court's decision reflects a balanced approach that takes into account the seriousness of the offence, the needs of the offender, and the interests of the community.

The court's final orders included the conviction of CC for the offence of engaging in sexual intercourse with a person under 10 years of age, an order that CC is not a registrable offender, and specific conditions for the offender's good behaviour and rehabilitation, as outlined in the court's decision. The court's orders aim to ensure that CC receives the necessary support and guidance to address the underlying issues that led to the offence and to prevent re-offending, while also upholding the principles of justice and public safety.

Orders

Orders of the court

(i) The young person is convicted of the offence of engaging in sexual intercourse with a young person under the age of 10 years, in contravention of s 55(1) of the Crimes Act 1900 (ACT).

(ii) An order under s 9(2) of the Crimes (Child Sex Offenders) Act 2005 (ACT) that the young person is not a registrable offender.

(iii) The offender is to sign an undertaking to comply with the Offender’s Good Behaviour Obligations under the Crimes (Sentencing) Act 2005 (ACT) for a period of 18 months with the following conditions:

(a) the offender sign an undertaking to comply with the conditions of this order;

(b) the offender be of good behaviour for a period of 18 months to commence on 8 November 2016;

(c) the offender comply with the offender’s good behaviour obligations, including the core conditions of the order, under sections 85 and 86 of the Crimes (Sentence Administration) Act 2005 (ACT);

(d) the offender is to accept the supervision of the Child and Youth Protection Services director-general and obey all reasonable directions of the Child and Youth Protection Services director-general or their delegate for a period of 18 months; and

(e) the offender is to attend educational, vocational, psychological, psychiatric or other programs or counselling as directed by the Child and Youth Protection Services director-general or their delegate particularly noting the recommendations of Dr Katie Seidler, Clinical and Forensic Psychologist in her report dated 19 September 2016.

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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