R v Champness

Case [2019] ACTSC 277


SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY

Case Title:

R v Champness

Citation:

[2019] ACTSC 277

Hearing Date(s):

28 June 2019, 23 July 2019, 4 October 2019

DecisionDate:

17 December 2019

Before:

Loukas-Karlsson J

Decision:

See [113]

Catchwords:

CRIMINAL LAW – JURISDICTION, PRACTICE AND PROCEDURE – Judgment and Punishment – Sentence – using a carriage service to transmit an indecent communication to a person under 16 years of age – where offender was victim’s pastor – where relationship of trust – where no criminal history - recognizance release order

Legislation Cited:

Crimes Act 1914 (Cth) ss 16A, 17A, 20, 20A

Criminal Code Act 1995 (Cth) s 474.27A

Cases Cited:

Barbaro v The Queen; Zirilli v The Queen [2014] HCA 2; 253 CLR 58

Bui v DPP (Cth) [2012] HCA 1; 244 CLR 638

Cameron v The Queen [2002] HCA 6; 209 CLR 339

Dinsdale v The Queen [2000] HCA 54; 202 CLR 321

DPP (Cth) v Walls [2014] VSCA 323

DPP (Cth) and DPP v Watson [2015] VSCA 194; 47 VR 268

Edwards v The Queen [2013] VSCA 188

Elias v The Queen [2013] HCA 31; 248 CLR 483

Elliott v Harris (No 2) (1976) 13 SASR 516

FB v The Queen [2011] NSWCCA 217

Filippou v The Queen [2015] HCA 29; 256 CLR 47

Greenwood v The Queen [2014] NSWCCA 64

Hili v the Queen [2010] HCA 45; 242 CLR 520

Hogan v Hinch [2011] HCA 4; 243 CLR 506

Kenny v The Queen [2010] NSWCCA 6

Kristensen v The Queen [2018] NSWCCA 189

Leach v The Queen [2007] HCA 3; 230 CLR 1

Markarian v The Queen [2005] HCA 25; 228 CLR 357

R v Aniezue [2016] ACTSC 82

R v Butters [2019] ACTSC 143

R v Conway [2017] ACTSC 275

R v Cowley [2017] ACTSC 213

R v De Simoni (1981) 147 CLR 383

R v Harrington [2016] ACTCA 10; 11 ACTLR 215

R v KB [2019] ACTSC 136

R v MB [2014] ACTSC 399

R v Nahlous [2013] NSWCCA 90; 228 A Crim R 503

R v Olbrich [1999] HCA 54; 199 CLR 270

R v Pham [2015] HCA 39; 256 CLR 550

R v Talia [2009] VSCA 260

R v Toumo’ua [2017] ACTCA 9; 12 ACTLR 103

R vVerdins [2007] VSCA 102; 16 VR 269

R v Waters [2017] ACTSC 226

R v Zamagias [2002] NSWCCA 17

R v Zerafa [2013] NSWCCA 222; 235 A Crim R 265

Veen v The Queen (No 2) (1988) 164 CLR 465

Xiao v The Queen [2018] NSWCCA 4; 96 NSWLR 1

Zaky v The Queen [2015] NSWCCA 161

Parties:

The Queen (Crown)

Brian Gibson Champness (Offender)

Representation:

Counsel

M Keks (Crown)

M Kukulies-Smith (Offender)

Solicitors

Commonwealth Director of Public Prosecutions (Crown)

Kamy Saeedi Law (Offender)

File Number(s):

SCC 95 of 2019

LOUKAS-KARLSSON J

Introduction

  1. On 2 May 2019, Brian Gibson Champness (the offender) pleaded guilty to an…

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AGLC
R v Champness [2019] ACTSC 277
Case
[2019] ACTSC 277
Decision Date

CaseChat Overview and Summary

The case of R v Champness was heard in an Australian court, where the defendant, Champness, was charged with using a carriage service to transmit an indecent communication to a person under 16 years of age. The victim was under Champness' care as he was her pastor. The central issue before the court was whether Champness’ position of trust and his lack of criminal history should influence the court's decision on his sentence. The court needed to determine the appropriate penalty for this offence, considering the mitigating factors of Champness' role and history.

The court was tasked with balancing the seriousness of the offence against the mitigating factors presented. It considered the breach of trust inherent in Champness' actions given his pastoral role and the absence of any prior criminal conduct. The court also weighed the potential for rehabilitation and the impact on Champness’ future life, including the implications for his pastoral work. Ultimately, the court had to decide on the appropriate sentence, considering the unique circumstances of the case.

In delivering its judgment, the court recognised the gravity of the offence but also acknowledged the mitigating factors. The court accepted that Champness' role as a pastor and his lack of criminal history were significant considerations. After careful deliberation, the court opted for a recognizance release order. This decision was seen as a balanced approach that considered the offender's potential for rehabilitation and the need to protect the community while also acknowledging the mitigating circumstances.

The court's final order was to release Champness on a recognizance release order, reflecting a decision that took into account both the severity of the offence and the mitigating factors presented.

Orders

Orders of the court

See [113]

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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