R v Dickerson

[2016] ACTSC 337

SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY

Case Title:

R v Dickerson

Citation:

[2016] ACTSC 337

Hearing Date:

10 October 2016

DecisionDate:

2 November 2016

Before:

Burns J

Decision:

See [16]

Catchwords:

CRIMINAL LAW – JURISDICTION, PRACTICE AND PROCEDURE – Judgment and Punishment – Sentence – sexual offences – sexual intercourse with young person – plea of guilty – child sex offenders register – terms of imprisonment suspended – Good Behaviour Order – community service.

Legislation Cited:

Crimes Act 1900 (ACT) S 55(2)

Crimes (Sentencing) Act 2005 (ACT)

Parties:

The Queen (Crown)

Rhett Dickerson (Offender)

Representation:

Counsel

Ms S McMurray (Crown)

Mr R Davies (Offender)

Solicitors

ACT Director of Public Prosecutions (Crown)

Legal Aid ACT (Offender)

File Number:

SCC 144 of 2016

BURNS J:

1. Rhett Dickerson, you have pleaded guilty to an offence of engaging in sexual intercourse with a person under the age of 16 years. The maximum penalty for this offence which is contrary to s 55(2) of the Crimes Act 1900 (ACT) is 14 years imprisonment.

1. In brief, the facts are that on 26 August 2015, you met up with the victim in a disabled toilet in a restaurant in the ACT where you kissed and fondled her breasts and put your fingers inside her vagina and masturbated her. You then used the victim’s hand to masturbate yourself until you ejaculated. You were shift supervisor at that restaurant and the victim also worked at that restaurant. You were 25 at the time of this offence and the victim was 15.

1. You entered an early plea of guilty to this charge in the Magistrates Court on 30 June 2016 and you were committed for sentence to this Court. An indictment was filed on 2 August 2016 containing one count of engaging in sexual intercourse with a person under the age of 16 years. You entered a plea of guilty to that charge on that day. I accept that your plea demonstrates remorse and also had a significant utilitarian value. Perhaps most importantly it relieved the complainant of the necessity to give evidence at any trial. I will reduce by approximately 25 per cent the sentence which I would otherwise have imposed in order to reflect your plea of guilty. I also note that you made admissions in a taped interview with police which also speaks of your remorse and your willingness to facilitate the course of justice.

Subjective features

1. You have a relatively minor criminal history which may be ignored for present purposes. You are entitled to a degree of leniency in the present proceedings based upon your lack of relevant prior criminal history. The lack of a prior relevant criminal history also suggests that personal deterrence is not a particularly significant sentencing consideration with respect to the present matter.

1. I take into account the contents of the Pre-Sentence Report prepared for the sentence hearing. You are now 26 years old and you had a stable childhood even though your parents separated when you were 4 years…