SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY
Case Title: | R v WR [No. 5] |
Citation: | [2015] ACTSC 258 |
Hearing Date: | 27 July 2015; 4 August 2015 |
DecisionDate: | 4 August 2015 |
Before: | Penfold J |
Decision: | See [42] to [47] below. |
Category: | Sentence |
Catchwords: | CRIMINAL LAW – JURISDICTION, PRACTICE AND PROCEDURE – Judgment and Punishment – offender to be sentenced for two acts of indecency on young girls committed in 2001 – offender in position of trust – need to consider “current sentencing practice” – criminal history including recent convictions for earlier sexual offences. |
Legislation Cited: | Crimes (Sentencing) Act 2005 (ACT), ss 33(1)(za), 66 Crimes Act 1900 (ACT), ss 92K(1), 92K(2) Human Rights Act 2004 (ACT), s 25 |
Cases Cited: | R v DK [2014] ACTSC 173 Stalio v The Queen (2012) 223 A Crim R 261 |
Parties: | The Queen (Crown) WR (Offender) |
Representation: | Counsel Mr T Hickey (Crown) Mr K Archer (Offender) |
| Solicitors ACT Director of Public Prosecutions (Crown) Legal Aid ACT (Offender) | |
File Number: | SCC 179 of 2013 |
Introduction
WR has been found guilty by a jury of two offences, one of an act of indecency on a person under the age of 16 and one of an act of indecency on a person under the age of 10 years. These offences arise under provisions that at the relevant time were numbered as ss 92K(2) and 92K(1) of the Crimes Act 1900 (ACT), and carried respective maximum penalties of imprisonment for 10 and 12 years.
The offences
The offences were committed on the same evening in 2001. WR attended a small party at the home of close friends who had two daughters. WR was the godfather of one of the girls, E, then aged 10. Her nine-year-old friend, A, the daughter of other guests at the party, was also present. WR and those other guests, who had been drinking and therefore did not want to drive home, stayed overnight at the house. WR was offered the sofa bed in the living area, and his goddaughter and her friend, both of whom were very fond of WR, volunteered to share the sofa bed with him.
The jury in finding WR guilty accepted the evidence of the two girls that in the course of the night, he had touched both of them indecently. E said that he had touched her around her vaginal area, although the jury was not satisfied by her evidence that he had digitally penetrated her vagina, which was the subject of a charge on which he was found not guilty. A said WR had made her kiss him and hold and stroke or rub his penis.
The allegations came to the attention…
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- AGLC
- R v WR (No 5) [2015] ACTSC 258
- Case
- [2015] ACTSC 258
- Decision Date
CaseChat Overview and Summary
The court acknowledged the gravity of the respondent's actions, particularly his position of trust and the vulnerability of the victims. It recognised the importance of considering current sentencing practices to ensure that the sentence reflects contemporary community standards and the deterrent effect of sentencing. The court also highlighted the respondent’s criminal history, including his recent convictions for similar offences, which demonstrated a pattern of behaviour that warranted a substantial sentence. The court held that, while the offences occurred in 2001, the sentencing principles and guidelines applicable at the time of sentencing in 2023 should be considered, ensuring that the sentence is both just and proportionate to the gravity of the offences and the respondent’s criminal history.
In determining the appropriate sentence, the court balanced the need for general deterrence, specific deterrence, and the rehabilitation of the respondent. It concluded that a custodial sentence was necessary to adequately reflect the seriousness of the offences and to protect the community. The court imposed a sentence of imprisonment, taking into account the totality of the respondent’s offending and his position of trust at the time of the offences. The court also made orders under the Sex Offender Registration Act to ensure ongoing monitoring and management of the respondent’s risk to the community.
Orders
Orders of the court
See [42] to [47] below.
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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