R v TL

Case [2017] ACTCA 18


SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY
COURT OF APPEAL

Case Title:

R v TL

Citation:

[2017] ACTCA 18

Hearing Dates:

3 May 2017

DecisionDate:

26 May 2016

Before:

Burns, Mossop and Collier JJ

Decision:

The appeal is dismissed.

Catchwords:

CRIMINAL LAW – appeal from a single judge of the Supreme Court – offences against the person – sexual intercourse with a person under 16 years – act of indecency on a person under 16 years – plea of guilty – crown appeal against sentence – manifestly inadequate – consider sentencing remarks as a whole  – not so lenient as to warrant the intervention of the court  – appeal dismissed.

Legislation Cited:

Crimes Act1900 (ACT) ss 55(2), 61(2)

Criminal Code 2002 (ACT) s 310

Crimes (Sentencing) Act 2005 (ACT) s 33(1)(m), Chapter 8A

Cases Cited:

Dinsdale v R [2000] HCA 54; 202 CLR 321

Bui v Director of Public Prosecutions (Cth) [2012] HCA 1; 244 CLR 638
Hawkins v Hawkins [2009] ACTSC 148; 3 ACTLR 210
Hili v R [2010] HCA 45; 242 CLR 520
House v The King (1936) 55 CLR 499
Markarian v The Queen [2005] HCA 25; 228 CLR 357
R v AJP [2004] NSWCCA 434; 150 A Crim R 575
R v AM (unreported, Supreme Court of the Australian Capital Territory, Murrell CJ, 28 March 2014)
R v Fisher (1989) 40 A Crim R 442
R v Hearne [2001] NSWCCA 37; 124 A Crim R 451
R v King [2013] ACTCA 29
R v Mills [1998] 4 VR 235
R v PGM [2008] NSWCCA 172; 187 A Crim R 152
R v Nelson [2016] NSWCCA 130
R v TL (No 2) [2016] ACTSC 289
R v TW [2011] ACTCA 25; 6 ACTLR 18
Shannon v The Queen [2006] NSWCCA 39

Wong v The Queen [2001] HCA 64; 207 CLR 584

Parties:

The Queen (Appellant)

TL (Respondent)

Representation:

Counsel

Mr J White SC (Appellant)

Mr J Lawton (Respondent)

Solicitors

ACT Director of Public Prosecution (Appellant)

Sharman Robertson Solicitors (Respondent)

File Numbers:

ACTCA 52 of 2016

Decision under appeal: 

Court:  Supreme Court

Before:  Justice Refshauge

Date of Decision:         22 September 2016

Case Title:  R v TL (No 2)

Citation: [2016] ACTSC 289

THE COURT:

  1. On 22 September 2016, the respondent was sentenced by the primary judge with regard to nine offences arising out of four separate incidents:

(a)Incident 1 occurred on 13 September 2013 and involved one offence of sexual intercourse with the young person under the age of 16 and three offences of committing an act of indecency with the young person under the age of 16;

(b)Incident 2 occurred between April and June 2014 and involved two offences of committing an act of indecency with the young person under the age of 16;

(c)Incident 3 occurred in December 2014 and involved two offences of committing an act of indecency with the young person under the age of 16; and

(d)Incident 4 involved an offence…

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AGLC
R v TL [2017] ACTCA 18
Case
[2017] ACTCA 18
Decision Date

CaseChat Overview and Summary

The Crown appealed against the sentence imposed by a single judge of the Supreme Court on the respondent, R v TL, who had pleaded guilty to offences of sexual intercourse with a person under 16 years and an act of indecency on a person under 16 years. The Crown contended that the sentence was manifestly inadequate.

The central legal issue before the Court of Appeal was whether the sentence imposed by the trial judge was so lenient as to warrant appellate intervention. This required the Court to consider the sentencing remarks of the trial judge in their entirety and determine if they demonstrated an error in principle or an unreasonable exercise of discretion.

The Court of Appeal reviewed the sentencing remarks and concluded that while the sentence might have been at the lower end of the available range, it was not so lenient as to be considered manifestly inadequate. The judges considered the totality of the sentencing remarks and found no error in principle that would justify overturning the original sentence.

Consequently, the appeal was dismissed, and the sentence imposed by the Supreme Court judge was upheld.

Orders

Orders of the court

The appeal is dismissed.

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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