SUPREME COURT OF SOUTH AUSTRALIA
(Court of Criminal Appeal)
R v DOUGLASS
[2011] SASCFC 6
Judgment of The Court of Criminal Appeal
(The Honourable Justice Gray, The Honourable Justice Sulan and The Honourable Justice Anderson)
4 March 2011
CRIMINAL LAW - APPEAL AND NEW TRIAL - APPEAL AGAINST SENTENCE - GROUNDS FOR INTERFERENCE - SENTENCE MANIFESTLY EXCESSIVE OR INADEQUATE
CRIMINAL LAW - SENTENCE - RELEVANT FACTORS - NATURE AND CIRCUMSTANCES OF OFFENCE - BREACH OF TRUST
CRIMINAL LAW - SENTENCE - RELEVANT FACTORS - NATURE AND CIRCUMSTANCES OF OFFENDER - PRIOR CRIMINALITY
Appeal against sentence of imprisonment imposed by District Court Judge - appellant found guilty following trial by Judge alone of one count of aggravated indecent assault - offence committed against appellant's young granddaughter while appellant was in position of trust - appellant was 55 years of age at time of offending - appellant had prior convictions for offences of a sexual nature - head sentence of three years’ imprisonment imposed - non-parole period of 18 months imposed - sentencing Judge declined to suspend the sentence - whether sentencing Judge erred in failing to suspend the term of imprisonment imposed - whether sentence manifestly excessive.
Held: appeal dismissed - no error of sentencing principle identified - sentencing Judge entitled to decline to suspend sentence given seriousness of offending and appellant's prior criminal offending - sentence not manifestly excessive.
Statutes Amended (Sentencing of Sex Offenders) Act 2005 (SA) s 4(4); Criminal Law (Sentencing) Act 1988 (SA) s 10(4), referred to.
Director of Public Prosecutions (SA) v O'Connor (1995) 65 SASR 250, discussed.
R v Horstmann [2010] SASC 103, considered.
R v DOUGLASS
[2011] SASCFC 6Court of Criminal Appeal Gray, Sulan and Anderson JJ
THE COURT
This is an appeal against sentence.
The defendant and appellant, Raymond Howard Lyle Douglass, was found guilty following a trial before a District Court Judge of the offence of aggravated indecent assault. The offence involved the indecent assault of the defendant’s three year old granddaughter on 23 October 2008. The maximum penalty for the offence is 10 years’ imprisonment.
Background
On 10 November 2010, the defendant was sentenced to a term of imprisonment of three years. A non-parole period of 18 months was fixed. The Judge declined to exercise his discretion to suspend the sentence.
The defendant’s granddaughter, C, was staying at her grandparents’ home, a farm in the Adelaide Hills. C’s parents were estranged and at the time C was living with her mother, the daughter of the defendant. The defendant took C with him when he went to visit his mother. On the way the defendant stopped on a property where the offending conduct occurred. The defendant had C hold his penis while he urinated.
About a week later C spoke about the indecent assault to her father. She recounted the incident as though it was an entirely normal event. C’s father reported the conversation to C’s mother who then spoke to the defendant’s wife and then the defendant about the…
Continue reading R v Douglass
Sign in free to access the full text
- AGLC
- R v Douglass [2011] SASCFC 6
- Case
- [2011] SASCFC 6
- Decision Date
CaseChat Overview and Summary
The Court of Appeal was required to determine whether the sentencing Judge had erred in principle by declining to suspend the term of imprisonment, and whether the imposed sentence was demonstrably excessive in the circumstances. This involved considering the nature and circumstances of the offence, including the breach of trust involved, as well as the personal circumstances of the offender, particularly his prior criminal history for offences of a sexual nature.
The Court found no error in the sentencing Judge's decision. It reasoned that the seriousness of the aggravated indecent assault, particularly given the victim's age and the familial relationship, coupled with the appellant's prior convictions for sexual offences, provided ample justification for the Judge to decline to suspend the sentence. The Court concluded that the sentence was not manifestly excessive, taking into account these significant factors.
Consequently, the appeal was dismissed, and the sentence imposed by the District Court was upheld.
Orders
Orders of the court
Full text does not contain this section.
Background
Background to the litigation
Evidence
Evidence Before The Court
Full text does not contain this section.
Decision
Reasons for decision
Ratio Decidendi
Legal Principle Established
Full text does not contain this section.