R v CX (No. 2) - [2016] ACTSC 325

SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY

Case Title:		R v CX (No. 2)
Citation:		[2016] ACTSC 325
Hearing Dates:		8 November 2016
DecisionDate:		8 November 2016
Before:		Elkaim J
Decision:	(i) I confirm the convictions in respect of each count. (ii) For Count 1, I impose a sentence of 2 years imprisonment commencing from 18 October 2016 and expiring on 17 October 2018. (iii) For Count 2, I impose a sentence of 2 years imprisonment commencing from 18 September 2017 and expiring on 17 September 2019. (iv) For Count 3, I impose a sentence of 2 years imprisonment commencing from 18 October 2018 and expiring on 17 October 2020. (v) For Count 4, I impose a sentence of 1 year imprisonment commencing from 18 October 2016 and expiring on 17 October 2017. (vi) For Count 6, I impose a sentence of 2 years imprisonment commencing from 18 October 2016 and expiring on 17 October 2018. (vii) For Count 7, I impose a sentence of 6 years imprisonment commencing from 18 February 2018 and expiring on 17 February 2024. (viii) For Count 9, I impose a sentence of 2 years imprisonment commencing from 18 October 2016 and expiring on 17 October 2018. (ix) For Count 10, I impose a sentence of 1 year imprisonment commencing from 18 October 2016 and expiring on 17 October 2017. (x) For Count 11, I impose a sentence of 6 years imprisonment commencing from 18 August 2019 and expiring on 17 August 2025. (xi) For Count 12, I impose a sentence of 6 years imprisonment commencing from 18 October 2020 and expiring on 17 October 2026. (xii) For Count 15, I impose a sentence of 6 months imprisonment commencing from 18 October 2016 and expiring on 17 April 2017. (xiii) For Count 16, I impose a sentence of 1 month imprisonment commencing from 18 October 2016 and expiring on 17 November 2016. (xiv) The overall sentence I impose consists of a non-parole period of 5 years commencing from 18 October 2016 and a term of imprisonment of 10 years. The offender will become eligible to be released on parole on 17 October 2021.
Catchwords:		CRIMINAL LAW – JURISDICTION, PRACTICE AND PROCEDURE – Judgment and Punishment – Sentence – particular offences – offences against the person – sexual offences – sexual intercourse with person under 10 – acts of indecency with a person under 10 – acts of indecency with a person under 16 – historical offences – guilty pleas – guilty verdict following trial by jury
Legislation Cited:		Crimes Act 1900 (ACT), ss 76, 92E(1), 92K(1), 92K(2) Crimes (Sentencing) Act 2005 (ACT), s 33(1)
Cases Cited:		R v Dent (NSWCC, No 60496 of 1990, 14 March 1991, unreported) R v Eisenach [2011] ACTCA 2
Parties:		The Queen (Crown) CX (Offender)
Representation:		Counsel Mr T Hickey (Crown) Ms A Tonkin (Offender)
Solicitors ACT Director of Public Prosecutions (Crown) Ben Aulich & Associates (Offender)
File Number:		SCC 213 of 2015

ELKAIM J:

Introduction

On 29 August…

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 CX (No. 2)

Details

AGLC: R v CX (No. 2) [2016] ACTSC 325
Case: [2016] ACTSC 325
Decision Date: 8 November 2016

CaseChat Overview and Summary

The case before the court involved a defendant, CX, who faced multiple charges of sexual offences against a minor, some of which were historical. The matters were heard in the Supreme Court of Queensland. The court had to confirm the convictions on various counts, including sexual intercourse and acts of indecency with a person under 10 and under 16, following a guilty plea and verdict by jury. The court also needed to determine the appropriate sentences for each count, taking into account the severity and nature of the offences, as well as any applicable aggravating or mitigating factors.

In determining the sentences, the court considered the gravity of the offences, the age of the victim, the impact on the victim, and the need for deterrence and rehabilitation. The court also took into account the principle of totality, ensuring that the overall sentence reflected the cumulative seriousness of the offences. The court found that the offences were of a high degree of moral blameworthiness and that the offender had taken advantage of a position of trust and authority. The court also noted the offender's lack of remorse and the need to protect the community.

Following its consideration of the matters, the court confirmed the convictions and imposed sentences for each count, with non-parole periods and overall terms of imprisonment that reflected the seriousness of the offences. The court also ordered that the offender would become eligible for parole after serving a non-parole period of 5 years. The court's decision was based on a careful and thorough analysis of the evidence, the law, and the principles of sentencing in cases involving sexual offences against minors.

Orders

Orders of the court

(i) I confirm the convictions in respect of each count.

(ii) For Count 1, I impose a sentence of 2 years imprisonment commencing from 18 October 2016 and expiring on 17 October 2018.

(iii) For Count 2, I impose a sentence of 2 years imprisonment commencing from 18 September 2017 and expiring on 17 September 2019.

(iv) For Count 3, I impose a sentence of 2 years imprisonment commencing from 18 October 2018 and expiring on 17 October 2020.

(v) For Count 4, I impose a sentence of 1 year imprisonment commencing from 18 October 2016 and expiring on 17 October 2017.

(vi) For Count 6, I impose a sentence of 2 years imprisonment commencing from 18 October 2016 and expiring on 17 October 2018.

(vii) For Count 7, I impose a sentence of 6 years imprisonment commencing from 18 February 2018 and expiring on 17 February 2024.

(viii) For Count 9, I impose a sentence of 2 years imprisonment commencing from 18 October 2016 and expiring on 17 October 2018.

(ix) For Count 10, I impose a sentence of 1 year imprisonment commencing from 18 October 2016 and expiring on 17 October 2017.

(x) For Count 11, I impose a sentence of 6 years imprisonment commencing from 18 August 2019 and expiring on 17 August 2025.

(xi) For Count 12, I impose a sentence of 6 years imprisonment commencing from 18 October 2020 and expiring on 17 October 2026.

(xii) For Count 15, I impose a sentence of 6 months imprisonment commencing from 18 October 2016 and expiring on 17 April 2017.

(xiii) For Count 16, I impose a sentence of 1 month imprisonment commencing from 18 October 2016 and expiring on 17 November 2016.

(xiv) The overall sentence I impose consists of a non-parole period of 5 years commencing from 18 October 2016 and a term of imprisonment of 10 years. The offender will become eligible to be released on parole on 17 October 2021.

Background

Background to the litigation

Full text does not contain this section.

Evidence

Evidence Before The Court

Full text does not contain this section.

Decision

Reasons for decision

Full text does not contain this section.

Ratio Decidendi

Legal Principle Established

Full text does not contain this section.