The Queen v David John Cashin

SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY

Case Title:

The Queen v David John Cashin

Citation:

[2016] ACTSC 351

Hearing Dates:

19-23 September 2016, 7 November 2016

DecisionDate:

5 December 2016

Before:

Rares J

Decision:

See [54]-[59]

Legislation Cited:

Crimes Act 1900 (ACT) s 61(2)

Crimes Act 1914 (Cth) ss 16A, 17A

Crimes (Sentencing) Act 2005 (ACT)

Criminal Code (Cth) ss 474.27(1), 474.27A(1)

Cases Cited:

R v Asplund (2010) 216 A Crim R 48

R v Pham (2015) 325 ALR 400

Parties:

The Queen (Crown)

David John Cashin (Offender)

Representation:

Counsel

Ms R Christiansen (Crown)

Mr J Lawton (Offender)

Solicitors

ACT Director of Public Prosecutions (Crown)

Rachel Bird & Co (Offender)

File Numbers:

SCC 7 of 2016;  SCC 42 of 2016

Publication Restriction:

Note that on 19 September 2016, the Court ordered that:

No report of these proceedings disclose the name or identity of the victim or her mother so as to enable either of them to be identified.

RARES J:

1. On 23 September 2016, at the conclusion of the five day trial, the jury returned verdicts of guilty against the offender on six of the thirteen counts on the indictment.  In addition, the offender pleaded guilty on the first morning of the trial, 19 September 2016, to count 12.  The jury also acquitted the offender of the six remaining counts.

1. The guilty verdicts and plea were on two counts, one in 2013, the second in 2014, of committing an act of indecency on the victim who was under the age of 16, contrary to s 61(2) of the Crimes Act 1900 (ACT) (counts 1 and 2), four counts of using a carriage service to transmit an indecent communication to the victim who was under the age of 16, contrary to s 474.27A(1) of the Criminal Code (in the Schedule to the Criminal Code Act 1995 (Cth)) (counts 9 to 12) and one count of using a carriage service to “groom” the victim who was under the age of 16 contrary to s 474.27(1) of the Code (count 13).

The circumstances of the offences

1. The offender was aged between 58 and 60 at the time of his offending and his victim was a young girl aged between 11 and 13.  The offender was the husband of the victim’s godmother who was a close personal friend and business partner of the victim’s (foster) mother.  The mother had become the foster carer for the victim when she was about seven years old.  The victim’s mother had established a group of friends, including the offender and his wife, to co-operate with the mother for the purposes of providing a circle of adults who could provide the victim with guidance and support as she was growing up.  The offender was aware that the victim had a troubled history and was in need of emotional support.  He and his wife became close friends of the victim and her mother.

1. The offender came to act as the victim’s dance partner during ballroom dancing lessons…