R v CV

This matter concerned a Crown appeal against a non-conviction order made by a sentencing judge in the Supreme Court of the Australian Capital Territory. The respondent, CV, had pleaded guilty to a charge of sexual intercourse with a child between the ages of 10 and 16 years. The appeal raised questions about the sentencing discretion exercised by the judge, particularly in relation to a young offender and the consequences of a conviction, including mandatory registration as a sex offender under the *Crimes (Child Sex Offenders) Act 2005* (ACT).

The central legal issues before the Court of Appeal were whether the sentencing judge erred in failing to adequately consider the young age of the complainant, in not observing the requirements of section 17 of the *Crimes (Sentencing) Act 2005* (ACT), in placing undue weight on the complainant's apparent consent, and in allowing the consequences of a conviction to outweigh considerations of punishment and deterrence. The Court was also asked to determine whether the sentencing judge erred in finding that the respondent would suffer significant stigma and adverse consequences in his employment and ability to travel if a conviction were recorded, and whether the potential for the respondent to become a "registrable person" was a relevant consideration in the sentencing exercise.

The Court of Appeal affirmed that sentencing principles for young offenders differ from those for adults, with a greater emphasis on rehabilitation. The Court found that the sentencing judge had properly considered the respondent's age and the purposes of sentencing under Chapter 8A of the *Crimes (Sentencing) Act 2005* (ACT). It was held that the judge was entitled to consider the adverse consequences of a conviction, including the impact of registration as a sex offender, when exercising their discretion, provided that these considerations did not wholly override the need for punishment and deterrence. The Court concluded that the sentencing judge had not erred in their assessment of the impact of a conviction on the respondent's future prospects.

The appeal was dismissed.