The Queen v Kenneth Edward Hill

SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY

Case Title:

The Queen v Kenneth Edward Hill

Citation:

[2015] ACTSC 289

Hearing Date(s):

27 August 2015

DecisionDate:

25 September 2015

Before:

Robinson AJ

Decision:

See [36].

Category:

Sentence

Catchwords:

CRIMINAL LAW – Sentence – particular offences – offences against the person – engage in sexual intercourse without consent – assault occasioning actual bodily harm

Legislation Cited:

Crimes Act 1900 (ACT) ss 24, 50, 54, 61(2)

Crimes Act 1900 (NSW) s 61H(1)

Cases Cited:

Ibbs v The Queen (1987) 163 CLR 447

Pearce v The Queen (1998) 194 CLR 610

R v Hibberd (2009) 194 A Crim R 1

Parties:

The Queen (Crown)

Kenneth Edward Hill (Offender)

Representation:

Counsel

Mr M Fernandez (Crown)

Ms S Saikal (Offender)

Solicitors

ACT Director of Public Prosecutions (Crown)

Legal Aid ACT (Offender)

File Number(s):

SCC 286 of 2014

ROBINSON AJ:

1. The offender, Kenneth Hill, stands for sentence in relation to the following offences:

(a)That on 13 August 2014 he engaged in sexual intercourse with Ms HA without consent, being reckless as to consent, in contravention of s 54 of the Crimes Act 1900 (ACT).

(b)That on 13 August 2014 he assaulted Ms HA and thereby occasioned to her actual bodily harm, in contravention of s 24 of the Crimes Act 1900 (ACT).

1. He pleaded guilty on arraignment to these two counts. The maximum penalties for these two offences are 12 years and five years imprisonment respectively.

Pleas of guilty

1. It is common ground that the offender pleaded guilty at the first reasonable opportunity to the counts, as currently framed, and that he should receive a discount of approximately 25% on his sentence for those pleas.

The Offences

1. At approximately 7.22pm on 13 August 2014 the offender initiated contact with Ms HA by text message. Ms HA worked as an escort at that time. In his initial text messages the offender enquired as to the price of her services and her location.

1. During the course of these communications the offender’s text messages to Ms HA became obscene, detailing in explicit terms the sexual acts he wished to engage in with her. This made Ms HA uncomfortable, causing her to cease responding to the offender’s text messages and mark his telephone number on her phone as one not to be answered.

1. At approximately 8.40pm on 13 August 2014 the offender telephoned Ms HA. The offender had manipulated his mobile phone so that his telephone number was not visible to the recipient of the call. Accordingly, Ms HA was not aware that she was speaking to the person she had exchanged text messages with earlier in the evening. During this telephone conversation, Ms HA provided the accused with the address of her unit complex and told him to telephone her again when he arrived.

1. The offender telephoned Ms HA again at approximately 9.10pm, advising that he had arrived at her unit complex. Ms HA then provided him with her unit number. The offender was granted entry to the unit…