R v Hough

Case [2002] WASCA 42


JURISDICTION     :   SUPREME COURT OF WESTERN AUSTRALIA

TITLE OF COURT  :   COURT OF CRIMINAL APPEAL

CITATION:   R -v- HOUGH [2002] WASCA 42

CORAM:   MALCOLM CJ

ANDERSON J
SCOTT J

HEARD:   22 FEBRUARY 2002

DELIVERED          :   1 MARCH 2002

FILE NO/S:   CCA 21 of 2002

BETWEEN:   THE QUEEN

Appellant

AND

STEPHEN RAY HOUGH
Respondent

Catchwords:

Criminal law - Sentencing - Multiple offences by juvenile involving three different children - Further offences committed on two of the children when offender aged 18 and 19 - Sentenced by District Court Judge to several concurrent terms of imprisonment of 2 years suspended for 2 years together with an intensive supervision order for 2 years for remaining offences - Crown appeal against sentence - Sentences involved penile oral and anal penetration - Principles to be applied - Suspended sentences substituted by immediate sentence of imprisonment for a total of 8 years with eligibility for parole

Legislation:

Criminal Code, ch XXXI, s 319(1), s 320(2), (4)

Sentencing Act 1995, s 76

Young Offenders Act1994, s 46

Result:

Appeal allowed, sentences set aside and substituted by a total sentence of 8 years with eligibility for parole

Category:    A

Representation:

Counsel:

Appellant:     Mr R E Cock QC & Ms J A Girdham

Respondent:     Mr T F Percy QC & Mr N J Mullany

Solicitors:

Appellant:     State Director of Public Prosecutions

Respondent:     Max Crispe

Case(s) referred to in judgment(s):

Broome v R [1999] WASCA 202

Byrne v The Queen (1998) 104 A Crim R 456

De Luce v The Queen, unreported; CCA SCt of WA; Library No 960375; 19 July 1996

Dick v The Queen (1994) 75 A Crim R 303

Dinsdale v The Queen (1999) 202 CLR 321

Ginder (1987) 23 A Crim R 1

Hinckley, unreported; CCA SCt of WA; Library No 7746; 21 July 1989

Hughes (1983) 10 A Crim R 125

Isaacs (1997) 90 A Crim R 587

Laposte v The Queen [1970] WAR 87

Liu (1989) 40 A Crim R 468

Longley v The Queen [2001] WASCA 71

Macey v The Queen, unreported; CCA SCt of WA; Library No 930298; 27 May 1993

Mordecai (1985) 18 A Crim R 149

O'Malley v French (1971) 2 SASR 110

Podirsky (1989) 43 A Crim R 404

Price (1988) 33 A Crim R 539

R v McDonald [2000] WASCA 336

R v N [1998] 2 NZLR 272

R v Patrick, unreported; CCA SCt of WA; Library No 980157; 6 April 1998

R v Stehbens (1976) 14 SASR 240

R v Wozencroft, unreported; CCA SCt of WA; Library No 6606; 25 February 1987

Ryan v The Queen [2001] HCA 21; (2001) 75 ALJR 815

Sandford (1994) 72 A Crim R 160

Woods v The Queen (1995) 14 WAR 341

Case(s) also cited:

AB v The Crown (1999) 198 CLR 111

Astill v The Queen (No 2) (1992) 64 A Crim R 289

Byrne v R (1998) 104 A Crim R 456

Dick v R (1994) 75 A Crim R 303

Dinsdale v R

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R v Hough [2002] WASCA 42
Case
[2002] WASCA 42
Decision Date

CaseChat Overview and Summary

The defendant, Hough, was convicted of multiple offences against three different children, committed over several years. The offences involved penile oral and anal penetration, and two of the victims were re-offended against when Hough was aged 18 and 19. The District Court sentenced Hough to several concurrent terms of imprisonment of two years, suspended for two years, together with an intensive supervision order for two years for the remaining offences. The Crown appealed the sentence, arguing that it was manifestly inadequate.

The court had to determine the principles that should guide sentencing in such cases, particularly when offences against children are involved. The court examined the need for deterrence, denunciation, and the protection of society, while also considering the offender's age, remorse, and potential for rehabilitation. The court emphasised that sentences for such serious offences should not be suspended, given the gravity of the crimes and the need to protect potential future victims.

The court found that the original sentence was manifestly inadequate, as it did not appropriately reflect the seriousness of the offences and the need for punishment and deterrence. The court considered that the crimes involved significant breaches of trust, caused substantial harm to the victims, and had a lasting impact on their lives. The court substituted the suspended sentences with immediate sentences of imprisonment, totalling eight years, with eligibility for parole. The court emphasised the importance of ensuring that sentences for such offences appropriately reflect their gravity and the need to protect society.

Orders

Orders of the court

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Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

ANDERSON J

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Ratio Decidendi

Legal Principle Established

Established by: ANDERSON J

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