SUPREME COURT OF VICTORIA
COURT OF APPEAL Not Restricted
No. 276 of 1999
| THE QUEEN |
| v |
| JOHN WILLIAM MACFIE |
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JUDGES: | WINNEKE, P., BROOKING and CHERNOV, JJ.A. | |
WHERE HELD: | HORSHAM | |
DATE OF HEARING: | 16 AUGUST 2000 | |
DATE OF JUDGMENT: | 3 OCTOBER 2000 | |
MEDIUM NEUTRAL CITATION: | [2000] VSCA 173 | First Revision 3 October 2000 |
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CRIMINAL LAW – Maintaining sexual relationship with child between 10 and 16 years – Whether applicant maintained sexual relationship with complainant – Whether complainant under applicant’s “care, supervision or authority” within s.47A Crimes Act 1958 – R. v. Howes [2000] VSCA 158.
CRIMINAL LAW – Sentence - Maintaining sexual relationship with child between 10 and 16 years – Eight years’ imprisonment not manifestly excessive.
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APPEARANCES: | Counsel | Solicitors |
For the Crown | Mr. G. Hicks and Ms R. Carlin | P.C. Wood, Solicitor for Public Prosecutions |
| For the Appellant | Mr P.G. Priest, Q.C. and Mr M. Croucher | The Office of David Grace Q.C. |
WINNEKE, P.:
CHERNOV, J.A.:
On 26 May 1999 the applicant, John William Macfie, who is aged 59, was found guilty by a jury in the County Court at Melbourne of maintaining, between 15 October and 14 November 1997, a sexual relationship with the complainant, a child aged between 10 and 16 years who was under his care, supervision or authority, contrary to s.47A of the Crimes Act 1958 (“the Act”) (count 1). The maximum penalty prescribed by the legislation for that offence was 25 years’ imprisonment, although the learned sentencing judge assumed that the period in question was 15 years. The applicant was also found guilty by the jury of the charge alleged in count 10, namely, that in December 1997 he abducted the complainant against the will of the Secretary of the Department of Human Services ("the Secretary") who had lawful custody of her with the intent of committing sexual penetration of her. Having regard to the jury’s verdict on count 1, his Honour did not take verdicts on counts 2 to 9 for reasons which will become apparent later. After hearing a plea in mitigation, which was substantially delayed because of the applicant’s refusal to co-operate with a psychologist and a psychiatrist who were charged with preparing reports relating to his mental health for the assistance of the learned sentencing judge, his Honour sentenced the applicant on 29 October 1999 to a term of seven years’ imprisonment on count 1 and two years’ imprisonment on count 10. His Honour ordered that one year of the sentence in respect of count 10 be served cumulatively upon the sentence imposed on count 1, thereby making a total effective sentence of eight years. His Honour fixed a non-parole period of six years and declared a period of 600 days as being the time of the sentence already served.
By notices dated 8 November 1999 the applicant sought leave of this Court to appeal against his conviction and sentence on grounds which were amended pursuant to leave granted by the Registrar on 2 February 2000. Not…
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- AGLC
- R v Macfie [2000] VSCA 173
- Case
- [2000] VSCA 173
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