R v Lam (No 3)

In the Supreme Court of the Australian Capital Territory, Leonard Theodore Lam faced conviction and sentencing for acts of indecency committed in the presence of a child under the age of sixteen. The court determined that Lam had committed these acts between 31 August 2011 and 1 October 2011, and on or about 28 July 2012 and 11 August 2012. The case hinged on the admissibility of a victim impact statement and the appropriate sentencing for the crimes committed.

The court addressed the admissibility of a victim impact statement, which had been submitted by the complainant. It was noted that the document was not properly executed, as it did not include the consent of the victim as required by the legislation. Consequently, the court ruled that the document could not be admitted as evidence. The court was then required to consider the appropriate sentence for Lam, taking into account the nature and circumstances of the offences, as well as the principles of justice and deterrence.

In sentencing Lam, the court considered the severity and frequency of the offences, the age of the victim, and the need to protect the community. The court imposed a sentence of ten months' imprisonment for the first offence, six months for the second offence, and nine months for the third offence. These sentences were to be served cumulatively, with a commencement date of 10 September 2014, taking into account the time Lam had already spent in pre-sentence custody. The court also ordered that the sentence be suspended on 10 December 2014 for a period of eighteen months, subject to certain conditions. These conditions included supervision by the Director-General, submission to a sex offender program, and the completion of one hundred hours of community service.

The final orders of the court included the conviction of Leonard Theodore Lam on all counts, the imposition of specific sentences for each offence, and the requirement for Lam to comply with various obligations during his supervision period and thereafter. The court also mandated that a psychological report be forwarded to the Director-General for the supervision of Lam.