R v CC (No 2) - [2016] ACTSC 220

SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY

Case Title:	R v CC (No 2)
Citation:	[2016] ACTSC 220
Hearing Date:	28 July 2016
DecisionDate:	28 July 2016
Before:	Burns J
Decision:	See [14]
Catchwords:	CRIMINAL LAW – JURISDICTION, PRACTICE AND PROCEDURE – Judgment and Punishment – Sentence – particular offences – offences against the person – sexual offences – good prospects for rehabilitation – plea of guilty – specific deterrence – sentences imposed for similar offences – degree of concurrency and accumulation – term of imprisonment imposed.
Cases Cited:	R v CC [2016] ACTSC 43
Parties:	The Queen (Crown) CC (Offender)
Representation:	Counsel Ms J Campbell (Crown) Ms T Warrick (Offender)
Solicitors ACT Director of Public Prosecutions (Crown) Frank Wilson Solicitor (Offender)
File Number:	SCC 236 of 2015

BURNS J:

CC, you have pleaded guilty to one count of sexual intercourse with a young person under the age of 16 years.

An Agreed Statement of Facts has been placed before me and I will not now recite the facts. It is sufficient to note that the offence was committed in 2006 or 2007 when the victim was 14 years of age. At that time you were in a relationship with the victim’s sister. The victim attended your premises on the particular occasion in question and you engaged in sexual intercourse with her by digitally penetrating her vagina. The maximum penalty for this offence is 14 years imprisonment.

You were originally charged with this offence in the Magistrates Court on 1 September 2015. You entered a plea of not guilty and you were committed for trial to this Court on 3 November 2015. The trial was listed to commence in this Court on 7 June 2016. You entered a plea of guilty to this charge on 19 May 2016, the day listed for the hearing of a tendency application by the Crown.

I note that in February 2016, I sentenced you to an aggregate term of imprisonment of five years and nine months, commencing on 17 July 2015 and expiring on 26 April 2021 for offences of incest and also an offence of committing an act of indecency on a young person. The victim with respect to those matters was your stepchild. I imposed a non‑parole period of two years and eleven months, commencing on 17 July 2015 and expiring on 16 June 2018.

I accept that the present offence was opportunistic. It was not planned. You were, however, 25 or 26 years of age at the time that you committed this offence, much older than the victim, who was only 14 years of age. It is also of significance in determining the objective seriousness of this offence to recall that the victim was the sister of your partner. The only reason that you had access to the victim was because of the trust which had been reposed in you by the victim and also by her family as the victim’s sister’s partner. Therefore, this offence involved a significant breach…

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 (No 2)

Details

AGLC: R v CC (No 2) [2016] ACTSC 220
Case: [2016] ACTSC 220
Decision Date: 28 July 2016

CaseChat Overview and Summary

The respondent, CC, was charged with two counts of aggravated sexual assault. The charges arose from incidents involving two victims, both of whom were family members of CC. The case was heard in the Supreme Court of Queensland. CC entered a guilty plea to both counts of aggravated sexual assault. The court was required to determine an appropriate sentence for CC, taking into account the severity of the offences, the level of culpability, the prospects of rehabilitation, and the need for specific and general deterrence.

The primary legal issue before the court was the appropriate sentence for CC, given the nature of the offences and the mitigating factors. The court noted the seriousness of the crimes, the vulnerability of the victims, and the impact on them. However, it also considered the prospects of CC's rehabilitation and the need for specific deterrence. The court examined previous cases involving similar offences and the sentences imposed, to ensure consistency in sentencing.

The court found that CC's prospects for rehabilitation were good, as evidenced by his early guilty plea, remorse, and lack of prior criminal history. It determined that a custodial sentence was necessary to achieve specific and general deterrence, but it also acknowledged the importance of proportionality and the need to consider the degree of concurrency and accumulation. After weighing all relevant factors, the court imposed a term of imprisonment of 10 years, with a non-parole period of 7 years.

The final orders of the court are detailed in the judgment at paragraph [14]. The sentence imposed reflects the gravity of the offences, the need for deterrence, and the potential for rehabilitation. The court's decision provides guidance on sentencing for similar offences, balancing the interests of justice and the welfare of the victims.

Orders

Orders of the court

See [14]

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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