R v SH

[2015] ACTSC 25

SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY

Case Title:

R v SH

Citation:

[2015] ACTSC 25

Hearing Date:

28 January 2015

DecisionDate:

27 February 2015

Before:

Ross J

Decision:

See [66]-[74]

Category:

SENTENCE

Legislation Cited:

Crimes Act 1900 (ACT), ss 61(2), 62(2)

Crimes (Sentencing) Act 2005 (ACT), ss 7, 33,

Cases Cited:

Cotter v Corvisy (2008) 185 A Crim R 560

DPP v DJ [2011] VCA 250

GAT v R [2007] NSWCCA 208

Giles v Barnes [1967] SASR 174

Ibbs v R (1987) 163 CLR 447

Markarian v The Queen (2005) 228 CLR 357

R v AD [2014] ACTSC 222

R v AJP [2004] NSWCCA 434

R v BJW [2000] NSWCCA 60

R v Gavel [2014] NSWCCA 56

R v PGM [2008] NSWCCA 172

Ryan v R (2001) 206 CLR 267

Parties:

The Queen

SH

Representation:

Counsel

Mr T Hickey (Crown)

Mr P Bevan (Defendant)

Solicitors

DPP (Crown)

Bevan & Co Lawyers (Defendant)

File Number:

Publication Restriction:

SCC 59 of 2013

Name of victim and any identifying details, including name of the offender.

Introduction

1. On 29 August 2014 a jury found SH guilty of one count of incest and two counts of committing an act of indecency on a person under the age of 16.

2. In determining an appropriate sentence I have had regard to submissions put on behalf of the offender and the Crown and to the following material:

   (i)    a pre-sentence report prepared by Angela Brown and dated 21 October 2014;

   (ii)     forensic neuropsychological report by Dr John McMahon dated 15 January  2015;

   (iii)    psychiatric report by Dr Stephen Allnutt dated 25 January 2015; and

   (iv)   

   the evidence of AHM, TF and DM.

   
   
   

3. The background facts may be shortly stated.

4. The offender was the complainant’s stepfather. The complainant, her mother, two half-siblings and a step-brother resided together, with the offender. 

5. At some time between 1 February 2007 and 12 October 2007 the complainant watched a movie called ‘Silent Hill’, she became frightened and went into the master bedroom, got into bed and fell asleep. It was not unusual for the victim to go into her parent’s bedroom when she was scared. At that time the offender’s wife was away from the home, studying in Wagga Wagga.

6. Sometime later the complainant woke to find that the offender had removed her underwear. The offender pushed the complainant’s legs apart, put his hands on her thighs and licked her vagina (count one). The offender also put one of his fingers on the complainant’s clitoris and moved it down and circled it around the entrance to her vagina (count 2). At some point the offender stopped and the complainant put her underwear back on and moved to the edge of the bed. The offender lay behind her and put his arm over her and began rubbing her chest and stomach under her clothes (count 3).

7. The complainant did not immediately report what had happened but later (in November 2012) she reported the incident to her mother and her boyfriend.  She then…