R v Palmer

[2017] ACTSC 357

SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY

Case Title:

R v Palmer

Citation:

[2017] ACTSC 357

Hearing Dates:

14 August 2017 and 2 November 2017

DecisionDate:

6 November 2017

Before:

Mossop J

Decision:

See [34]

Catchwords:

CRIMINAL LAW – JURISDICTION, PRACTICE AND PROCEDURE – Judgment and punishment – sentencing – sexual intercourse without consent – guilty plea – young offender – factors taken into account in assessing the gravity of offences – violence – explicit lack of consent – mid range of objective seriousness – partially suspended sentence

Legislation Cited:

Crimes Act 1900 (ACT), ss 53, 54(1)

Crimes (Sentence Administration) Act 2005 (ACT)

Cases Cited:

DPP v Jurj & Miftode [2016] VSCA 57

R v Livas [2015] ACTSC 50

R v Simon [2010] VSCA 66

Parties:

The Queen (Crown)

Cody Jay Palmer (Offender)

Representation:

Counsel

T Hickey (Crown)

J Davidson (Offender)

Solicitors

ACT Director of Public Prosecutions (Crown)

Herring & Associates (Offender)

File Number:

SCC 86 of 2017

MOSSOP J:

Introduction

1. Cody Palmer has pleaded guilty to one count of sexual intercourse without consent. That involves a contravention of s 54(1) of the Crimes Act 1900 (ACT) and carries a maximum penalty of 12 years’ imprisonment.

Facts

1. The facts were agreed and in summary are as follows.

1. Tuesday 1 November 2016, was Melbourne Cup Day.  The offender consumed alcohol throughout the day at the Canberra racecourse and various licensed premises in Civic until 1:00 am on 2 November.  At that time he and three male acquaintances attended the Diamond Companions escort agency in Gladstone Street, Fyshwick.

1. The victim was a woman employed at the Diamond Companions as a manager as well as a sex worker.  The victim separated the group into two groups and she and another sex worker introduced themselves.  The victim asked him what he wanted and he responded “I’ll take you”.  The victim explained that “full service”, namely penile-vaginal sexual intercourse, would be $190.  The offender went to an automatic teller machine located inside the premises but was unable to withdraw sufficient funds.  He and another male left for approximately 5 minutes and when he returned he asked what $115 would get him.  He was told that he would get a massage with “happy ending oral relief”, namely oral sex.  He paid an amount of $110 and was directed to one of the rooms and told to have a shower.  A short time later the victim came into the room and removed all of her clothes except for her bra.  The offender asked her to join him in the shower and she declined.  The offender exited the shower and attempted to hug and kiss the victim.  She said no and explained to him that that was not part of the service.  The offender lay on the bed naked.  The victim placed a condom on his penis.  The victim then sat on the offender’s stomach and began massaging him.  The offender told the victim to sit on him and ride him to which the victim said no.…