R v Towers
[2018] ACTSC 112
•1 March 2018
SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY
Case Title: | R v Towers |
Citation: | [2018] ACTSC 112 |
Hearing Date: | 1 March 2018 |
DecisionDate: | 1 March 2018 |
Before: | Burns J |
Decision: | See [14]-[20] |
Catchwords: | CRIMINAL LAW – JURISDICTION, PRACTICE AND PROCEDURE – Judgment and Punishment – Sentence – Committing an act of indecency without consent – victim known to offender – victim not consenting – offender reckless as to whether victim was consenting – breach of trust – significant age difference – no prior convictions for offences of same nature – suspended sentence of full-time imprisonment – Community Service Order |
Parties: | The Queen (Crown) Glenn Towers (Offender) |
Representation: | Counsel Ms S Gul (Crown) Mr J Sabharwal (Offender) |
| Solicitors ACT Director of Public Prosecutions (Crown) ACT Legal Aid (Offender) | |
File Number: | SCC 103 of 2017 |
Burns J:
Glenn Towers, on 15 November 2017, you were found guilty by a jury of three counts of committing an act of indecency without consent. Those offences occurred on 8 September 2016. The victim of those offences was the daughter of a close friend of yours, a person that you had known for many years.
You were assisting the victim and also her mother by giving her driving lessons at the time. In addition, the victim’s mother was concerned about the victim’s development and her interaction with young males at that time. She asked you to provide the victim with a male’s perspective of sexual relationships.
In doing so, she clearly trusted you a great deal. The jury’s verdict mean that they were satisfied beyond reasonable doubt that with respect to Count 1 (CC2016/12679), you showed the victim a picture of your penis; with respect to Count 2 (CC2017/480), that you placed your hand on the victim’s leg and pushed her legs apart; and with respect to Count 3 (CC2017/2068), that you kissed her.
The jury’s verdicts also meant that they were satisfied beyond reasonable doubt that the victim was not consenting, and either that you were aware of the fact that the victim was not consenting or you were reckless as to whether she was consenting.
The victim at that time was only 16 years of age. You were, apparently, 44 years of age, or thereabouts. The circumstances in which these offences took place was in the course of a driving lesson on the evening of the day in question. There was clearly a lot of sexual conversation by yourself directed towards the victim in the course of this evening.
It is fair to say, as the Crown has submitted, that you took advantage of the role that you were given by the victim’s mother and also of your relationship with the victim and her mother in order to commit these offences. I accept the submission that was made by Mr Sabharwal on your behalf that the offences themselves, that is what you did that constitutes the offences, fall towards the bottom of the range of offences of this nature, but that is not to say that they are insignificant.
The circumstances demonstrate that the victim was in a very difficult position and I am sure that you must have been aware of that. She was by herself with you in a car, driving around Canberra at night time. I am satisfied that she made it clear to you that she was not interested in what you were proposing.
It is the breach of trust and the very significant difference in ages between you and the victim that, in my opinion, make these offences quite serious and call for a term of imprisonment. The question is how such a term of imprisonment is to be served.
Consideration
I take into account the fact that you have no prior convictions for offences of this nature and, indeed, your prior history is quite sparse.
I take into account the contents of the Pre-Sentence Report. You are now 45 years of age and you reside with your partner and four youngest children. You are apparently purchasing the premises in which you live and you pay some $900 per fortnight by way of mortgage. As I understand it from the Pre-Sentence Report, your eight year old son requires specialised care for a number of neurological and mental health disorders and your youngest child is currently being assessed for behavioural disorders.
You are the sole breadwinner for the family. You have been employed, again as I understand it, as a bus driver, but you have been stood down as a result of these charges being brought against you. There is some prospect, I am told, that you may well have your employment terminated as a consequence of being convicted of these offences.
I note the contents of the Report relating to your alcohol and drug use, but there is nothing in any of the evidence that suggests that these offences were in any way connected with either alcohol or drug use. In that regard, I further note that you have not demonstrated any remorse with respect to these offences. You maintained your pleas of not guilty, which was your right, however, you are not entitled to any leniency that might have been shown to you had you entered pleas of guilty to these matters.
In addition to which, you continued to deny that these offences had occurred when you spoke to the author of the Pre-Sentence Report. I further note that there is some suggestion that you have been suffering from depression for the past three years and that you have received counselling. Again, there does not appear to be any suggestion in the material before me that that is in any way connected with your offending behaviour.
You were assessed as at medium to low risk of general re-offending and moderate to low risk of sexual re-offending. I note that you were assessed as being suitable for a Community Service Order.
I further take into account the victim impact statements which have been tendered and which were also read to the Court by the Crown prosecutor. They speak of the ongoing effect of your offending, not only with respect to the victim but also with respect to her mother and with respect to the relationship between the two of them.
Taking all matters into account, I consider that a term of imprisonment to be served by of suspended sentence, together with a Community Service Order will be sufficient in order to meet the requirements of sentencing.
Sentence
With respect to Count 1 (CC2016/12679), I record a conviction you are sentenced to 12 months imprisonment commencing today, 1 March 2018, and expiring on 28 February 2019.
With respect to Count 2 (CC2017/480), I record a conviction and you are sentenced to 14 months imprisonment commencing on 1 April 2018 and expiring on 31 May 2019.
With respect to Count 3 (CC2017/2068, I record a conviction and you are sentenced to 15 months imprisonment commencing on 1 May 2018 and expiring on 31 July 2019.
The aggregate sentence which I have therefore imposed is one of 17 months imprisonment commencing on 1 March 2018 and expiring on 31 July 2019.
Those sentences will be suspended forthwith and there will be a Good Behaviour Order for a period of two years commencing today, 1 March 2018, and expiring on 29 February 2020. It will be a condition of that Order that you are to accept the supervision of ACT Corrective Services for that period of two years or such lesser period as deemed appropriate by your supervising officer and that you are to obey all reasonable directions of ACT Corrective Services during that period.
Secondly, you are to complete 250 hours of community service within a period of 24 months from today, 1 March 2018, as directed by officers of ACT Corrective Services.
Thirdly, you are to report to ACT Corrective Services within 24 hours.
[Speaking directly to the Offender]
Mr Towers, I want to make it clear to you that you have escaped a sentence of full-time imprisonment by the skin of your teeth. You have an obligation to comply with the Good Behaviour Order that I have put in place for that period of two years, which essentially means that you have an obligation not to commit any further offences during that two‑year period. A further obligation is to accept the supervision of Corrective Services and to obey directions of Corrective Services and also to complete 250 hours of community service within the next 24 months.
If you do not comply with the terms of your Good Behaviour Order then you may be brought back before this court to be dealt with on a breach of these orders, at which time you should expect to serve at least some period in full-time imprisonment.
| I certify that the preceding twenty-five [25] numbered paragraphs are a true copy of the Reasons for Sentence of his Honour Justice Burns. Associate: Date: 31 May 2018 |
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Amendments
8 March 2018 Paragraph 22: replace “12 months” with “24 months”.
Paragraph 24: in the final sentence, replace “12 months” with “24 months”
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