R v FI

[2017] ACTSC 190

SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY

Case Title:

R v FI

Citation:

[2017] ACTSC 190

Hearing Date:

26 July 2017

DecisionDate:

26 July 2017

Before:

Mossop J

Decision:

See [28]

Catchwords:

CRIMINAL LAW – JURISDICTION, PRACTICE AND PROCEDURE – Judgment and Punishment – Sentence – engaging in sexual intercourse with a person above the age of 10 years but under the age of 16 years – female offender – plea of guilty – apparent consent – offender 18 years and two months old – good behaviour order

CRIMINAL LAW – JURISDICTION, PRACTICE AND PROCEDURE – Judgment and Punishment – Sentence – whether appropriate to make a non-conviction order under s 17 of the Crimes (Sentencing) Act 2005 (ACT) where a conviction a registrable offence under the Crimes (Child Sex Offenders) Act 2005 (ACT) – offender assessed at a low risk of reoffending – potential impact of a conviction on rehabilitation and employment – potential impact of a conviction on the offender’s ability to be involved in her child’s curricular and extracurricular activities

Legislation Cited:

Crimes Act 1900 (ACT), s 55(2)

Crimes (Sentence Administration) Act 2005 (ACT)
Crimes (Sentencing) Act 2005 (ACT), s 17

Crimes (Child Sex Offenders) Act 2005 (ACT), ss 6(1), 9(3), 55(2)

Cases Cited:

R v EO [2017] ACTSC 138

R v CV [2013] ACTCA 22

Parties:

The Queen (Crown)

FI (Offender)

Representation:

Counsel

S McLaughlin (Crown)

J Vogel (Offender)

Solicitors

ACT DPP (Crown)

Legal Aid ACT (Offender)

File Number:

SCC 80 of 2017

MOSSOP J:

Introduction

1. The offender, who is now aged 20, has pleaded guilty to one count of sexual intercourse with the young person. That is an offence against s 55(2) of the Crimes Act 1900 (ACT). The maximum penalty is 14 years imprisonment.

1. The offender first appeared in the Magistrates Court on 2 November 2016.  The offender pleaded not guilty.  The matter was then adjourned until 11 January 2017.  Following a number of adjournments, during which the brief of evidence was provided, the offender entered a plea of guilty and was committed to the Supreme Court for sentence.  While the plea of guilty was not at the earliest stage I treat it as a relatively early guilty plea.

Facts

1. The offender and a young person who I will refer to as the victim met on Facebook in early 2015.  The offender and victim had conversations via Facebook including discussions in relation to their difficulties at school.  In February 2015 they met in person.  The offender and the victim maintained contact with each other and the victim regularly visited and stayed at the offender’s residence.  On 9 May 2015 the offender and the victim commenced an intimate relationship.  The statement of facts is not clear on what that involved.  On a date between 3 July 2015 and 5 July 2015 the victim and the offender were in the offender’s bedroom and the subject of sexual intercourse was discussed.  While it is an agreed fact that the victim felt uncomfortable about having sexual intercourse…