SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY
Case Title: | Znotins v Harvey |
Citation: | [2015] ACTSC 241 |
Hearing Date(s): | 29 July 2015 |
DecisionDate: | 24 August 2015 |
Before: | Murrell CJ |
Decision: | 1. Appeal against sentences dismissed and sentences confirmed. 2. Leave granted to appeal sex offender registration order. 3. Appeal against sex offender registration order allowed and order set aside. |
Category: | Principal Judgment |
Catchwords: | CRIMINAL LAW – Appeal and new trial – appeal against sentence – whether sentence manifestly excessive – whether mental health problems taken into account when imposing custodial sentence PRACTICE AND PROCEDURE – Nature of appeal against sex offender registration order – s 208 of the Magistrates Court Act 1930 (ACT) – civil appeal – leave required CIVIL PROCEDURE – Appeals – appeal against sex offender registration order – tests for making of registration order – human rights considerations |
Legislation Cited: | Crimes (Child Sex Offenders) Act 2005 (ACT) ss 6, 15, 16 Crimes Act 1900 (ACT) s 60 Sex Offenders Registration Act2004 (Vic) s 11 |
Cases Cited: | Bowden v The Queen [2013] VSCA 382 DPP (Cth) v De La Rosa (2010) 79 NSWLR 1 |
Parties: | Viktor John Znotins (Appellant) Gregory John Harvey (Respondent) |
Representation: | Counsel Mr D Perkins (Appellant) Ms S Jowitt (Respondent) |
| Solicitors Darryl Perkins Solicitor (Appellant) ACT Director of Public Prosecutions (Respondent) | |
File Number(s): | SCA 40 of 2015 |
Decision under appeal: | Court/Tribunal: ACT Magistrates Court Before: Magistrate Boss Date of Decision: 17 April 2015 Case Title: Gregory John Harvey v Viktor John Znotins Court File Number(s): CC No 11973 of 2014 |
MURRELL CJ:
Magistrates Court proceedings
When the appellant appeared before the Magistrates Court, he pleaded guilty to four offences of committing an act of indecency without consent, contrary to s 60(1) of the Crimes Act 1900 (ACT). The maximum penalty for such an offence is seven years’ imprisonment.
Each offence involved the appellant standing naked in his backyard and masturbating in view of the neighbouring family. The Magistrate inferred that the appellant knew full well that others were observing him. On three occasions, a young boy was present and on one of those occasions the boy was in his mother’s arms. However, the…
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- Znotins v Harvey [2015] ACTSC 241
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- [2015] ACTSC 241
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CaseChat Overview and Summary
The court was required to determine whether the sentence imposed by the Magistrates Court was manifestly excessive, taking into account the defendant's mental health issues. The court was also required to consider the appropriate test to be applied when determining whether to impose a sex offender registration order and whether human rights considerations could be taken into account in making such an order.
The court found that the sentence was not manifestly excessive, despite the defendant's mental health problems. The court noted that the trial magistrate had taken these issues into account when imposing the sentence. However, the court found that the trial magistrate had not applied the correct test when deciding to impose a sex offender registration order. The court held that human rights considerations could be taken into account when making such an order. As a result, the appeal against the sex offender registration order was allowed and the order was set aside.
The court dismissed the appeal against the custodial sentence and confirmed the sentence imposed by the Magistrates Court. The court granted leave to appeal the sex offender registration order and allowed the appeal, setting the order aside.
Orders
Orders of the court
1. Appeal against sentences dismissed and sentences confirmed.
2. Leave granted to appeal sex offender registration order.
3. Appeal against sex offender registration order allowed and order set aside.
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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