| IN THE SUPREME COURT OF VICTORIA | Not Restricted |
AT MELBOURNE
CRIMINAL DIVISION
S CR 2018 0133
| THE QUEEN (on the application of the Chief Examiner) | Applicant |
| v | |
| HENRY HOPKINS (a pseudonym) | Respondent |
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JUDGE: | TAYLOR J |
WHERE HELD: | Melbourne |
DATES OF HEARING: | 1 and 29 October 2018 |
DATE OF SENTENCE: | 11 December 2018 |
CASE MAY BE CITED AS: | R v Hopkins (a pseudonym) |
MEDIUM NEUTRAL CITATION: | [2018] VSC 756 |
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CRIMINAL LAW – Sentence – Contempt of the Chief Examiner – Refusal to answer questions when directed to do so – Plea of guilty – Child offender – Whether the Children, Youth and Families Act 2005 applies directly or by way of analogy – Primacy of rehabilitation – Less weight on general deterrence – Sentence of two months’ detention in youth justice centre wholly suspended for three months – Major Crime (Investigative Powers) Act 2004, ss 37, 49.
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APPEARANCES: | Counsel | Solicitors |
| For the Applicant | Mr A Imrie (1 October 2018) Mr H Myers (29 October 2018) | Office of the Chief Examiner |
| For the Respondent | Mr A Sim | Victoria Legal Aid |
HER HONOUR:
Henry Hopkins, you have pleaded guilty to a charge of contempt of the Chief Examiner brought by a written certificate of charge issued in the name of Damian P Hannan, Examiner, pursuant to s 49(2)(a) of the Major Crime (Investigative Powers) Act 2004 (‘the Act’).
In short, the charge relates to your examination before the Chief Examiner on 15 May 2018 in which you were directed to answer two questions. You refused to do so.
The Act is silent as to penalty for contempt of the Chief Examiner under s49(1). The penalty is at large. The Act provides a maximum penalty of five years imprisonment for refusing or failing to answer a question that a person is required to answer by the Chief Examiner under s37(3) of the Act. This maximum penalty is a useful comparator for present sentencing purposes.[1]
[1]This Court has on numerous occasions held that the maximum penalty of five years imprisonment for refusing or failing to take an oath or to make an affirmation under s36(3) of the Act is a useful comparator for sentencing of contempt under s49(1) of the Act by so refusing or failing. See, for example, R v QF [2014] VSC 81; R v Murray [2018] VSC 133; R v Brigham [2018] VSC 284 (‘Brigham’) and R v Ford (a pseudonym) [2018] VSC 494 (‘Ford’). The situations are obviously analogous.
Circumstances of Offending
On 19 October 2017, Justice Coghlan made a coercive powers order in relation to [redacted].
On 23 March 2018, the Chief Examiner issued a witness summons pursuant to s15 of the Act requiring you to attend before the Chief Examiner on 10 April 2018 and give evidence with respect to [redacted] that fell within the terms of the coercive powers order including, expressly, [redacted].
You had previously [redacted].
On 10 April 2018, you attended before the Chief Examiner. You…
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- AGLC
- R v Hopkins (a pseudonym) [2018] VSC 756
- Case
- [2018] VSC 756
- Decision Date
CaseChat Overview and Summary
The court found that the Act applied to the defendant by way of analogy, emphasising the importance of rehabilitation over general deterrence in sentencing juvenile offenders. It was noted that the defendant was a young person, which influenced the court's approach to sentencing. The court balanced the need for appropriate punishment with the overarching goal of rehabilitating the offender. It concluded that a sentence of two months' detention in a youth justice centre, wholly suspended for three months, was appropriate. This sentence reflected both the seriousness of the offence and the need to support the defendant's rehabilitation.
The court's decision was influenced by statutory provisions under the Major Crime (Investigative Powers) Act 2004, sections 37 and 49, which guided the court in imposing a sentence that was both punitive and rehabilitative. The final orders of the court included the two-month detention sentence, suspended for three months, and mandated that the defendant adhere to specific conditions during the suspension period.
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Background
Background to the litigation
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Decision
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Ratio Decidendi
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