SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY
Case Title: | R v Weir |
Citation: | [2015] ACTSC 394 |
Hearing Date(s): | 15 October, 15 December 2015 |
DecisionDate: | 16 December 2015 |
Before: | Robinson AJ |
Decision: | See [41] – [48] |
Catchwords: | CRIMINAL LAW – JURISDICTION, PRACTICE AND PROCEDURE – Judgment and Punishment - Sentence – particular offences – sexual offences – commit act of indecency on or in the presence of young person – plea of not guilty - impact of sentence on offender’s family – totality. |
Legislation Cited: | Crimes Act 1900 (ACT) s 61 Crimes Act 1914 (Cth) s 16A Crimes (Sentencing) Act 2005 (ACT) ss 7, 33, 34 |
Cases Cited: | Alseedi v The Queen [2009] NSWCCA 185 Barbaro v The Queen (2014) 253 CLR 58 R v Girvan (Unreported, Supreme Court of the ACT, Refshauge ACJ, 25 September 2013) R v H [2015] ACTSC 221 |
Parties: | The Queen ( Crown) Bradley Ian Weir ( Offender) |
Representation: | Counsel Ms S Jowitt ( Crown) Mr J Moffett ( Offender) |
| Solicitors ACT Director of Public Prosecutions ( Crown) Legal Aid ACT ( Offender) | |
File Number(s): | SCC 234 of 2014 |
ROBINSON AJ:
Background:
On 6 July 2015, Mr Weir, whom I will refer to as the offender in these remarks, pleaded not guilty before a jury to 12 counts of committing an act of indecency. The charges variously alleged that the act of indecency was committed either on or in the presence of one of two brothers. In these remarks I will refer to these two brothers as BQ and KQ. At the time of the events in the indictment, BQ was under the age of 10 years and KQ was under the age of 16 years. Four charges concerned BQ and eight charges concerned KQ.
On 9 July 2015, the jury convicted the offender of six counts and acquitted him on six counts. He was acquitted on the four counts concerning the complainant BQ and he was acquitted on two counts concerning the complainant KQ. Those later two counts involved significant forensic contests between the Crown and the accused. In one count the identity of the perpetrator was in issue. In the other the issue was the line of sight of KQ witnessing the indecent act.
Other than record the outcome of the jury’s deliberations I put the acquittals to one side. They bear some significance as to whether the jury accepted the Crown submission on tendency or not. I return to this subject below.
It is necessary to set out some factual background which was not…
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- R v Weir [2015] ACTSC 394
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CaseChat Overview and Summary
The legal issues central to the case revolved around the principles of sentencing for sexual offences against a young person, the defendant's plea, and the potential consequences of the sentence on the offender's family. The court had to balance the need for punishment and deterrence with the impact on the offender and their family, ensuring that the sentence was just and proportionate.
The court considered the severity of the offences, the defendant's plea, and the impact of the sentence on the offender's family, including the potential for significant hardship. In its reasoning, the court emphasised the importance of proportionality and the need to protect the rights of the victim and the community while also considering the personal circumstances of the offender. After careful deliberation, the court determined the appropriate sentence, taking into account all relevant factors.
The final orders of the court are detailed in the paragraphs from [41] to [48] of the judgment, where the specific sentence imposed on the defendant is outlined, along with any additional conditions or requirements.
Orders
Orders of the court
See [41] – [48]
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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