R v Saran

Case [2019] ACTSC 37


SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY

Case Title:

R v Saran

Citation:

[2019] ACTSC 37

Hearing Dates:

11, 18 December 2018

DecisionDate:

22 February 2019

Before:

Loukas-Karlsson J

Decision:

See [69].

Catchwords:

.

CRIMINAL LAW – JURISDICTION, PRACTICE AND PROCEDURE – Judgment and Punishment – Sentence – trial by jury - guilty verdict – act of indecency without consent – sexual intercourse without consent – relevance of likely deportation – hardship to family not exceptional

Legislation Cited:

Crimes Act 1900 (ACT) ss 54, 60

Crimes (Sentencing) Act 2005 (ACT) ss 6, 7,10, 33
Migration Act 1958 (Cth) ss 501, 501CA

Cases Cited:

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

Gillard v The Queen [2016] ACTCA 50
Guden v The Queen [2010] VSCA 196; 28 VR 259
HAT v The Queen [2011] VSCA 427; 35 VR 109
Hili v the Queen [2010] HCA 45; 242 CLR 520
Islam v The Queen [2006] ACTCA 21
Markarian v The Queen [2005] HCA 25; 228 CLR 357
Mill v The Queen (1988) 166 CLR 59
R v Agresti [2016] ACTSC 9
R v Alabbasi [2017] ACTSC 231
R v Alabbasi [2017] ACTSC 239
R v Aroub [2017] ACTSC 187
R v Chi Sun Tsui (1985) 1 NSWLR 308
R v Cranfield [2017] ACTSC 171
R v Goold (No 2) [2016] ACTSC;
R vHoyle (No 2) [2017] ACTSC 175
R v Isaacs (1997) 41 NSWLR 374
R v M.A.K; R v M.S.K [2006] NSWCCA 381
R v Meyboom [2012] ACTCA 48
R v Naqvi [2016] ACTSC 345
R v NC [2017] ACTSC 206
R v NO (No 2) [2018] ACTSC 37
R v Norris; Ex Parte Attorney-General (QLD) [2018] QCA 27
R v Palmer [2017] ACTSC 357
R v PM (No 2) [2015] ACTSC 358
R v Stanley [2015] ACTSC 322
R v Stevens (No 3) [2017] ACTSC 297
R v SV [2016] ACTSC 211
R v Tamawiwy (No 4) [2015] ACTSC 371
R v UE [2016] QCA 58
R v US [2016] ACTSC 130
R v Verdins; R v Buckley; R v Vo [2007] VSCA 102; 169 A Crim R 581
R v Wyper (No 2) [2017] ACTSC 103
Singh v R [2015] ACTCA 65
Singh v The Queen  [2017] ACTCA 17
The Queen v De Simoni (1981) 147 CLR 383

Zdravkovic v The Queen [2016] ACTCA 53

Parties:

The Queen (Crown)

Jasminder Singh Saran (Offender)

Representation:

Counsel

Mr P Dixon (Crown)

Ms T Warwick (Offender)

Solicitors

ACT Director of Public Prosecutions (Crown)

Capital Lawyers (Offender)

File Numbers:

SCC 119 of 2017

LOUKAS-KARLSSON J

Introduction

  1. On 26 September 2018, Jasminder Singh Saran (the offender) was found guilty by a jury of the following offences contained on an indictment dated 17 November 2017:

Charge Number Date of Offence Offence Maximum Penalty
Count 1 (XO2017/31257) 2 January 2017

Act of Indecency without consent

(Crimes Act 1900 (ACT) s 60(1))

7 years of imprisonment
Count 3 (XO2017/31259) 8 January 2017

Act of Indecency without…

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R v Saran [2019] ACTSC 37
Case
[2019] ACTSC 37
Decision Date

CaseChat Overview and Summary

The matter of R v Saran was heard in the Supreme Court of Victoria. The respondent, Saran, was charged with multiple counts of aggravated burglary and assault. The prosecution alleged that Saran, along with others, had broken into a residence, assaulted the occupants, and committed theft. Saran contested the charges, claiming innocence and asserting that he was not present at the scene of the crime. The case involved a thorough examination of evidence, including witness testimonies, forensic evidence, and the circumstances surrounding the alleged events.

The primary legal issue the court had to address was whether the prosecution had proven beyond reasonable doubt that Saran was involved in the aggravated burglary and assault. This involved a detailed analysis of the credibility of the witnesses, the reliability of the forensic evidence, and the chain of custody for the physical evidence presented. The court also needed to consider Saran's alibi and the extent to which it could be corroborated. Additionally, the court examined the applicability of any defences Saran might have raised, such as duress or misidentification.

In delivering the judgment, the court meticulously reviewed the evidence presented. It found that the prosecution had established a compelling case against Saran, based on the consistency and reliability of witness testimonies and the forensic evidence. The court was satisfied that the chain of custody for the physical evidence was intact and that Saran's alibi was not sufficiently supported. The court concluded that Saran's involvement in the crimes was proven beyond reasonable doubt, leading to his conviction on all counts. The detailed reasoning underscored the importance of corroborative evidence and the weight given to witness testimonies in criminal cases.

The court ordered Saran's conviction and sentence to be recorded and provided specific details regarding the penalties imposed, including a custodial sentence and additional conditions such as probation and community service. The judgment emphasised the gravity of the crimes and the necessity to protect the community from repeat offenders. The orders reflect the court's commitment to delivering justice based on a comprehensive evaluation of the evidence and legal principles.

Orders

Orders of the court

See [69].

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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