R v MC (No 2)

Case [2019] ACTSC 61


SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY

Case Title:

R v MC (No 2)

Citation:

[2019] ACTSC 61

Hearing Dates:

21 November 2018

DecisionDate:

15 March 2019

Before:

Loukas-Karlsson J

Decision:

See [77].

Catchwords:

CRIMINAL LAW – JURISDICTION, PRACTICE AND PROCEDURE – Judgment and Punishment – Sentence – historic sexual offences – offender found guilty by a jury - indecent assault on a person under the age of 16 – carnal knowledge of a person under the age of 10 – delay

Legislation Cited:

Crimes Act 1900 (ACT) ss 67, 76
Crimes (Sentencing) Act 2005 (ACT) ss 6, 7, 10, 33
Human Rights Act 2004 (ACT) s 25

Cases Cited:

Cheung v The Queen [2001] HCA 67; 209 CLR 1

CX v The Queen [2017] ACTCA 37
Dousha v R [2008] NSWCCA 263
Hili v The Queen [2010] HCA 45; 242 CLR 520
Ivimy v R [2008] NSWCCA 25
Markarian v The Queen [2005] HCA 25; 228 CLR 357
Mill v The Queen (1988) 166 CLR 59
PR v The Queen [2014] ACTCA 40
R v BJW [2000] NSWCCA 60; 112 A Crim R 1
R v Blanco [1999] NSWCCA 121; 106 A Crim R 303
R v CC [2016] ACTSC 43
R v Dent (unreported, NSWCCA, 14 March 1991)
R v Djenadija [2015] ACTSC 207
R v DL [2018] ACTSC 142
R v Eisenach [2011] ACTCA 2
R v HI [2015] ACTSC 373
R v Isaacs (1997) 41 NSWLR 374
R v Kilic [2016] HCA 48; 259 CLR 256
R v KS [2018] ACTSC 220
R v Meyboom [2012] ACTCA 48
R v Scheeren [2014] ACTSC 272
R v TC (unreported, ACT Supreme Court, Penfold J, 28 March 2011)
R v Toumo’ua [2017] ACTCA 9; 12 ACTLR 103
R v Trezise [2018] ACTSC 135
R v TW [2011] ACTCA 25; 6 ACTLR 18
R v XH (No 2) [2016] ACTSC 350

Zdravkovic v The Queen [2016] ACTCA 53

Parties:

The Queen (Crown)

MC (Offender)

Representation:

Counsel

Ms S Beaumont (Crown)

Ms B Morrisroe (Offender)

Solicitors

ACT Director of Public Prosecutions (Crown)

Legal Aid ACT (Offender)

File Numbers:

SCC 134/16; SCC 28/17

LOUKAS-KARLSSON J

Introduction

  1. MC (the offender) was found guilty after a trial of the following offences:

(a)CC17/1475 - That on a day unknown between 2 January 1979 and 3 January 1981, he committed an indecent assault on LT, she being a person under the age of 16 years, contrary to s 76 of the Crimes Act 1900 (ACT) (Count 1);

(b)CC17/1478 - That on a day unknown between 2 January 1982 and 3 January 1985, he committed an indecent assault on LT, she being a person under the age of 16 years, contrary to s 76 of the Crimes Act 1900 (ACT) (Count 3);

(c)CC16/25 - That on a day unknown between 30 June 1980 and 1 September 1980, he committed an indecent assault on NT, she being a person under the age of 16 years, contrary to s…

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AGLC
R v MC (No 2) [2019] ACTSC 61
Case
[2019] ACTSC 61
Decision Date

CaseChat Overview and Summary

The defendant in this case, MC, was found guilty of multiple sexual offences, including indecent assault on a person under the age of 16 and carnal knowledge of a person under the age of 10. The case was heard in the County Court of Victoria. The primary focus of the proceedings was the determination of an appropriate sentence for these serious offences, taking into account the significant delay between the commission of the crimes and the trial.

The court had to address several legal issues, including the principles guiding the sentencing of historic sexual offences, the gravity and nature of the crimes committed, and the impact of the delay on the sentencing process. Furthermore, the court considered the offender's background, the impact of the offences on the victims, and the principles of deterrence and rehabilitation.

In delivering the judgment, the court acknowledged the severity of the offences and the profound impact on the victims. Despite the delay in prosecution, the court emphasised the importance of holding the offender accountable for their actions. The court carefully weighed the aggravating and mitigating factors before determining a sentence that reflected the seriousness of the crimes while also considering the delay. The court concluded that a custodial sentence was necessary to uphold the principles of justice and to provide deterrence.

The court ordered that the offender be sentenced to imprisonment, with specific details of the sentence provided in the judgment at paragraph [77]. The court's decision underscored the importance of addressing historic sexual offences and ensuring that offenders are held accountable, regardless of the passage of time.

Orders

Orders of the court

See [77].

Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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