R v Teer

Case [2019] ACTSC 334


SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY

Case Title:

R v Teer

Citation:

[2019] ACTSC 334

Hearing Date:

8 November 2019

DecisionDate:

29 November 2019

Before:

Loukas-Karlsson J

Decision:

See [64]

Catchwords:

CRIMINAL LAW – JURISDICTION, PRACTICE AND PROCEDURE – Judgment and Punishment – Sentence – act of indecency – assault occasioning actual bodily harm – where offender and victim were in a domestic relationship – where no criminal record – where parties agreed threshold of s 10 of the Crimes (Sentencing) Act 2005 (ACT) has not been crossed

Legislation Cited:

Crimes Act 1900 (ACT) ss 24, 60

Crimes (Sentencing) Act 2005 (ACT) ss 6, 7, 10, 33, 35
Crimes (Sentencing Procedure) Act 1999 (NSW) s 22

Cases Cited:

Alvares v The Queen; Farache v The Queen [2011] NSWCCA 33; 209 A Crim R 297

Butters v The Queen [2010] NSWCCA 1
Director of Public Prosecutions v Dalgliesh [2017] HCA 41; 262 CLR 428
Fusimalohi v The Queen [2012] ACTCA 49
Hili v the Queen [2010] HCA 45; 242 CLR 520
Markarian v The Queen [2005] HCA 25; 228 CLR 357
Mill v The Queen (1988) 166 CLR 59
Monfries v The Queen [2014] ACTCA 46; 245 A Crim R 80
Mun v The Queen [2015] NSWCCA 234
Parker v The Queen [1994] TASSC 94
R v Ang (Burns J, ACT Supreme Court, 6 June 2013)
R v Dune [2018] ACTSC 257
R v Dunn [2004] NSWCCA 41; 144 A Crim R 180
R v Edigarov [2001] NSWCCA 436; 125 A Crim R 551
R v EP (No 3) [2019] ACTSC 242
R v Hamid [2006] NSWCCA 302; 164 A Crim R 179
R v Harrison [2001] NSWCCA 79; 121 A Crim R 380
R v Imbornone [2017] NSWCCA 144
R v Meyboom [2012] ACTCA 48
R v Mumberson [2011] NSWCCA 54
R v NQ [2015] ACTSC 308
R v Pham [2015] HCA 39; 256 CLR 550
R v Ridley [2014] ACTSC 382
R v Stanley [2015] ACTSC 322
R v Toumo’ua [2017] ACTCA 9; 12 ACTLR 103
Van Zwam v The Queen [2017] NSWCCA 127
Zdravkovic v The Queen [2016] ACTCA 53

Parties:

The Queen (Crown)

Tyson Teer (Offender)

Representation:

Counsel

T Hickey (Crown)

J Maher (Offender)

Solicitors

ACT Director of Public Prosecutions (Crown)

Kamy Saeedi Law (Offender)

File Number:

SCC 189 of 2018

LOUKAS-KARLSSON J

Introduction

  1. On 25 September 2019, Tyson Teer (the offender) pleaded guilty to the following offences:

(a)an act of indecency contrary to s 60 of the Crimes Act 1900 (ACT) (Crimes Act) (CC18/6333), the maximum penalty for which is imprisonment for 7 years; and

(b)assault occasioning actual bodily harm contrary to s 24 of the Crimes Act (SCCAN2019/3797), the maximum penalty for which is imprisonment for 5 years.

  1. A further transfer charge (CC18/5511) was withdrawn by the prosecution.

Agreed Facts

  1. The agreed facts are set out in the Statement of Facts, which forms part of the Crown Tender Bundle.…

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AGLC
R v Teer [2019] ACTSC 334
Case
[2019] ACTSC 334
Decision Date

CaseChat Overview and Summary

In the case of R v Teer, the defendant was charged with an act of indecency and assault occasioning actual bodily harm against the victim, who was his partner. The matter was heard in the Supreme Court of the Australian Capital Territory. The defendant pleaded guilty to both charges. The central issue before the court was the determination of an appropriate sentence for the defendant, considering the nature of the offences, the relationship between the offender and the victim, and the defendant's criminal history. Given that the defendant had no prior criminal record and both parties agreed that the threshold under section 10 of the Crimes (Sentencing) Act 2005 (ACT) had not been crossed, the court had to weigh these factors alongside the seriousness of the offences.

The court considered the impact of the offences on the victim, the circumstances surrounding the incident, and the defendant's personal circumstances. It noted that while the offences were serious, they occurred in the context of a domestic relationship and were not premeditated. The court also highlighted the defendant's lack of a criminal history and his guilty plea, which were mitigating factors. After careful consideration of these factors, the court determined that the appropriate sentence should reflect both the need for punishment and deterrence, as well as the mitigating circumstances.

Ultimately, the court imposed a sentence that was intended to address the harm caused to the victim, while also considering the defendant's personal circumstances and the mitigating factors present in the case. The specific details of the sentence, including any fines, imprisonment terms, or other conditions, were outlined in the judgment at paragraph [64].

Orders

Orders of the court

See [64]

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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