Criminal sex cases are many and varied. Despite movie and TV portrayals, they are neither all the result of obviously guilty psychopaths, nor do they all stem from clearly crazed complainants elaborately weaving deceitful webs around innocent accused men.
They are often mightily complicated. Perhaps because of the horrific nature of the allegations, and the maximum penalties that apply, more are contested than not, many successfully so.
Fraser Criminal Law is not alone in having instructed in matters where juries have acquitted Canberrans accused of sex matters.
These matters can be no less complex on those occasions when an accused person pleads guilty. Sentencing legislation and case law are so complicated that competent and strong representation is needed at sentence, not just at Trial.
A proceeding last month in the ACT Supreme Court before Justice Verity McWilliam provides a glimpse into the many machinations of sentencing in sex matters.
Not only was the Crimes (Sentencing) Act in play necessarily, but Her Honour had to refer to two point-in-time versions of the Crimes Act as well as the Family Violence Legislation Amendment Act 2022, which effectively raised the tariff for offending when family violence, as legislatively defined, is involved.
This case involved three acts of indecency, each carrying a maximum penalty of 10 years’ imprisonment.
The factors the Court had to consider, on top of the broad factors and purposes of sentencing as set out in the specific sentencing legislation, included:
- Multiple complainants.
- Under-age complainants.
- Offending at a religious event.
- Offender known to victims’ families, gaining their mother’s trust.
- Age disparity: offender over 70, victims were between 10 and 16.
- Was the motivation for the offending sexual gratification, or some other factor?
- Scenes of the offending were public places, introducing questions on the “brazenness” of the conduct.
- The impact on the victims, remembering that now victims are able to have Victim Impact Statements read to the Court.
- Timing of the pleas of guilty.
- Subjective circumstances of the offender.
- Current sentencing practice.
And that is not an exhaustive list.
If you, or anyone you know, has a matter for sentence, or Trial, within Canberra’s criminal justice system, they need proper representation.
Call Fraser Criminal Law on 0411 043 401.