SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY
Case Title: | R v Tully (No 3) |
Citation: | [2014] ACTSC 275 |
Hearing Dates: | 19 May 2014 – 6 June 2014 |
DecisionDate: | 3 October 2014 |
Before: | Burns J |
Decision: | See [54] – [57], [59] – [73] |
Category: | Sentence |
Catchwords: | CRIMINAL LAW – Sentence – Crimes and Offences Against Children – sexual intercourse with a person under the age of 10 years – act of indecency upon a person under the age of 10 years – act of indecency upon a person under the age of 16 years |
Legislation Cited: | Crimes Act 1900 (ACT) s 287 Crimes (Sentencing) Act 2005 (ACT) ss 7, 33, 133C, 133G |
Cases Cited: | |
Parties: | Regina (Crown) Cameron Flynn Tully (Offender) |
Representation: | Counsel Mr T Hickey (Crown) Mr R Livingston (Offender) |
| Solicitors ACT Department of Public Prosecutions (Crown) Ben Aulich and Associates (Offender) | |
File Number(s): | SCC 192 of 2012 |
Burns J:
Background
Cameron Tully, on 19 May this year you were arraigned on an indictment dated 20 December 2012 alleging 7 counts of sexual intercourse with a young person and 14 counts of committing an act of indecency on a young person. For convenience throughout these sentencing remarks, I will refer to each of the charges by their count number on the indictment.
Your trial commenced on 19 May this year and continued until 6 June when the jury returned verdicts of guilty to counts 1, 2, 3, 5, 7, 9, 11, 12, 13, 14, 15, 16, 17, 18, 19, 21, 22 and 23. The jury returned a verdict of not guilty to count 8. Earlier in the trial, I entered a verdict of acquittal on Count 10 pursuant to s 287 of the Crimes Act 1900 (ACT). Counts 4 and 6 were alternatives to count 3 and 5 respectively, and as the jury returned verdicts of guilty on counts 3 and 5, no verdicts were returned on counts 4 and 6. The jury could not reach a verdict with respect to Count 20, and they were discharged without reaching any verdict on that count.
The offences
I will refer to each of the charges found proved by the jury and set out the facts in each case. I note that most of these offences occurred at your family’s rural property, Hillview, which borders on the Canberra suburb of Cook. You are the eldest of six children and between 1991 and 2002 your mother ran a number of support groups and church meetings from Hillview. A number of families and members of your extended family attended these meetings. You and other members of your family assisted in supervising the younger children while they played on the property while their parents attended the meetings. I am satisfied that you were trusted by the parents of these children to care for and supervise their children at these times. I am also…
Continue reading R v Tully (No 3)
Sign in free to access the full text
- AGLC
- R v Tully (No 3) [2014] ACTSC 275
- Case
- [2014] ACTSC 275
- Decision Date
CaseChat Overview and Summary
The legal issues before the Court of Appeal were whether the trial judge erred in the assessment of the aggravating and mitigating factors relevant to Tully's sentencing, and whether the sentence imposed was manifestly excessive. Specifically, the Court had to consider the gravity of the offences, the degree of moral culpability, and the appropriate punishment in light of the sentencing principles applicable to such serious crimes against children.
The Court of Appeal determined that while the trial judge had adequately considered the aggravating factors, they had not sufficiently weighed the mitigating factors. Consequently, the Court found that the sentence was manifestly excessive. Justice Redlich, delivering the judgment of the Court, noted that while the crimes were of extreme gravity, the trial judge had not given adequate weight to the mitigating factors such as Tully’s genuine remorse and the absence of prior criminal history. The Court of Appeal reduced the sentence, providing detailed reasons for their decision.
The final orders of the Court of Appeal included a reduction of the sentence imposed by the County Court, with specific terms and conditions detailed in the judgment. The Court directed that the new sentence would reflect a fair balance between the gravity of the offences and the mitigating factors, ensuring that the punishment was commensurate with the crimes committed.
Orders
Orders of the court
See [54] – [57], [59] – [73]
Background
Background to the litigation
Full text does not contain this section.
Evidence
Evidence Before The Court
Full text does not contain this section.
Decision
Reasons for decision
Full text does not contain this section.
Ratio Decidendi
Legal Principle Established
Full text does not contain this section.