SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY
Case Title: | R v Porter (No 2) |
Citation: | [2022] ACTSC 50 |
Hearing Dates: | 28 – 29 October 2021, 18 November 2021 |
DecisionDate: | 21 March 2022 |
Before: | Loukas-Karlsson J |
Decision: | See [262]-[266] |
Catchwords: | CRIMINAL LAW – JURISDICTION, PRACTICE AND PROCEDURE – Judgment and Punishment – disputed facts hearing – engaging in a sexual relationship with a child under special care – guilty plea – dispute regarding number of occasions of sexual activity – dispute regarding number of occasions of penile-anal intercourse |
Legislation Cited: | Crimes Act 1900 (ACT) ss 56, 64, 65, 66 Evidence (Miscellaneous Provisions) Act 1991 (ACT) s 74 |
Cases Cited: | Duffy v The Queen [2009] NSWCCA 304 Filippou v The Queen [2015] HCA 29; 256 CLR 47 |
Texts Cited: | Explanatory Statement, Royal Commission Criminal Justice Legislation Amendment Bill 2020 (ACT) |
Parties: | The Queen (Crown) Stephen James Porter (Offender) |
Representation: | Counsel A Chatterton (Crown) J Pappas (Offender) |
| Solicitors ACT Director of Public Prosecutions (Crown) Hugo Law Group (Offender) | |
File Number: | SCC 40 of 2021 |
LOUKAS-KARLSSON J:
Introduction
On 2 September 2021, Stephen Porter (the offender) was arraigned and entered pleas of guilty to the following offences:
(a) Count 1: Use child under 12 years of age to produce child exploitation material, contrary to s 64(1) of the Crimes Act 1900 (ACT) (Crimes Act). Count 1 is in respect of the victim Alexander Goodwin (a pseudonym).
(b) Count 2: Engage in a sexual relationship with a child under special care, contrary to s 56(1) of the Crimes Act. Count 2 is in respect of the victim Wesley Mason (a pseudonym).
(c) Count 3: Engage in conduct with a young person with the intention of making it more likely that the young person would commit or take part in an act of a sexual nature (grooming), contrary to s 66(1)(b) of the Crimes Act. Count 3 is in respect of the victim Riley Priestley (a pseudonym).
(d) Count 4: Possess child exploitation material, contrary to s 65(1) of the Crimes Act.
Pursuant to s 74 of the Evidence (Miscellaneous Provisions) Act 1991 (ACT), the victims have all been anonymised by the substitution of different names in this judgment. The pseudonyms are as set out above. The key to the anonymisation is contained in a schedule to these reasons, which will be provided to the parties, kept on the court file, and not published on the internet.
Notwithstanding his plea of guilty, in relation to count 2, the offender contests the facts in relation to the sexual relationship with a child, Wesley Mason, under special care. That matter was listed for a disputed facts hearing which commenced before the Court…
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