SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY
Case Title: | R v Connelly-Hansen |
Citation: | [2019] ACTSC 189 |
Hearing Date: | 17–18 July 2019 |
DecisionDate: | 18 July 2019 |
Before: | Murrell CJ |
Decision: | Sentenced to a total of 21 months’ imprisonment, backdated to 23 December 2018 and suspended with immediate effect upon entering a good behaviour order for two years. |
Catchwords: | CRIMINAL LAW – JURISDICTION, PRACTICE AND PROCEDURE – Judgment and Punishment – Sentence – Act of indecency with young person – Possess child exploitation material – Guilty plea – Where offending is objectively serious – Where the offender was subject to substantial trauma in private and professional life – General deterrence – Rehabilitation and public protection. |
Legislation Cited: | Crimes Act 1900 (ACT) ss 62(2), 65 Crimes (Sentencing) Act 2005 (ACT) s 12 |
Cases Cited: | Minehan v The Queen [2010] NSWCCA 140 R v Falzon [2015] ACTSC 104 The Queen v TW [2011] ACTCA 25; 6 ACTLR 18 |
Parties: | The Queen (Crown) Allan James Connelly-Hansen (Offender) |
Representation: | Counsel T Hickey (Crown) K Ginges (Offender) |
| Solicitors ACT Director of Public Prosecutions (Crown) Kamy Saeedi Law (Offender) | |
File Number: | SCC 233 of 2018; SCC 234 of 2018 |
Murrell CJ
The offender was charged with one count of act of indecency on a young person on 9 and February 2018, contrary to s 61(2) of the Crimes Act 1900 (ACT) (Crimes Act), and one count of possess child exploitation material on 28 February 2018, contrary to s 65 of the Crimes Act.
The offences carry maximum penalties of 10 years’ imprisonment and 7 years’ imprisonment respectively.
The offender entered pleas of guilty after criminal case conferencing, but before a trial date was set. I will allow a discount of between 15 and 20 per cent on the sentences that I would otherwise have imposed.
The offender was arrested on 28 February 2018 and spent 205 days (about six months and three weeks) in custody, before he was granted bail on 21 September 2018.
Facts
Act of indecency
In February 2018, the offender attended his daughter’s swimming carnival. While at the carnival, he used his mobile telephone to covertly film school children in their swimwear. The offence concerns one 12-year-old girl in relation to whom the offender made three video recordings, lasting a total of about eight minutes. The recordings focused on the girl’s buttocks and upper thighs towards the area of her genitals. In one of the recordings, the victim is clearly identifiable as the offender filmed her face.
The offence came to light because, on the night in question (in the early hours of the following morning, a Saturday), the offender was observed in Civic behaving suspiciously by using his mobile telephone to film women’s breasts, buttocks, and in the vicinity of their genital areas. A nightclub security guard asked the offender to leave the area and, when he refused to do…
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- AGLC
- R v Connelly-Hansen [2019] ACTSC 189
- Case
- [2019] ACTSC 189
- Decision Date
CaseChat Overview and Summary
The court identified that the offences were objectively serious and warranted a custodial sentence. However, it also recognised the defendant's background of substantial trauma, both in private and professional life, which could be considered in mitigation. The court had to balance the need for general deterrence and the protection of the public against the potential for rehabilitation and the personal circumstances of the defendant. The court considered the principles of sentencing and the need to ensure that the sentence was proportionate to the offending while also promoting the rehabilitation of the offender and protecting the community.
After weighing these factors, the court determined that the appropriate sentence would be a total of 21 months' imprisonment, backdated to the date of the defendant's arrest. However, the sentence was suspended with immediate effect, and the defendant was instead ordered to enter a good behaviour order for two years. This decision reflects the court's consideration of both the need to address the serious nature of the offences and the potential for the defendant's rehabilitation, while also ensuring public protection.
Orders
Orders of the court
Sentenced to a total of 21 months’ imprisonment, backdated to 23 December 2018 and suspended with immediate effect upon entering a good behaviour order for two years.
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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