Court Report
Name of the Court: The Supreme Court of the Australian Capital Territory (ACT) (the Supreme Court)
Location: 6 Knowles Place Canberra ACT 2600
Honourable Judge: Justice Hilary Ruth Penfold
Court Room No: No.5 in Supreme Court building
Name of the case: R v Michael John Stratford
Case No.: (SCC250/2016)
Defendant: Michael John Stratford (Grandfather)
Date of hearing: 22.03.2017
Time of hearing of case: 12.30pm
Legislation: Crimes Act 1900 (ACT)
INTRODUCTION
On 22 March 2017 at 12:30pm, I attended the criminal trial of R v Michael John Stratford (SCC250/2016) in Court Room 5 of the ACT Supreme Court located 6 Knowles Place Canberra ACT 2600 where Hon’able Justice Hilary Ruth Penfold heard the matter and sentence hand down to the accused/offender. Present in the court room was Crown Prosecutor, who was assisted by an instructing solicitor from the Director Public Prosecutions. Representation for the defendant included defence barrister and instructing by solicitor. Also present at the trial were court officers, members of the public and the family members of victim and accused.
THE CHARGE
the accused aged sixty-four-year-old was charged with the ten time sexual offences/indecency act with his 12-year-old granddaughter without her consent which carries minimum sentence of 12 year of imprisonment. However, s70(2) of Crimes Act[1] allows the jury to find alternative verdict for an act of indecency (s60(1))[2] instead, which carries a maximum penalty of 7 year of imprisonment[3].
FACTS OF THE CASE
Mr. Statford was charged under the offence of indecency act with his granddaughter. He committed this crime in his own house while his son and daughter-in-law was going to New Zealand for business trip and left their daughter for babysitting into his real parents’ house. Accused was the real grandfather of victim. The age of the victim was 12-year-old and age of accused/offender was 64 year old at the time of sexual act of indecency. Accused did ten times act of indecency with his granddaughter. Accused’s wife who are also real grandmother of the victim was witness of that act when accused did that tenth time with victim and then she reported to the police. According to Mr. Statford, victim also involved with consent in that activity. He also stated that he always asked permission from victim before did that act.
IS THIS A SUMMARY MATTER OR INDICTABLE MATTER?
This is an indictable matter because these types of offenses are serious in nature and requires many hearing and take a longer time to resolve. Jury and Judge consider each aspect of this matter for conclusion and for final verdict. This matter was reported to police in July 2016 and today court hand down sentence to the offender/accused.
PAST HISTORY AND CRIMINAL RECORD OF ACCUSED
Hon’able judge read-out some previous life and criminal history of accused that Mr. Statford was a single parent child and abused by his mother also faced financial hardship. He has ten charge of theft in 1998 and 6 charge of dishonesty but not on his real name. He was also patient of two mental hospital one was Batsman-Bay Hospital and other was Goulbourn Mental Hospital.
THE LAW
Sexual Intercourse without Consent:
Crimes Act 1900(ACT) Section 54
- A person who engages in sexual intercourse with another person without the consent of that other person and who knows that that other person does not consent, or who is reckless as to whether that other person consents, to the sexual intercourse is guilty of an offence punishable, on conviction, by imprisonment for 12 years.[4]
Indecent assaults/Acts of Indecency:
Crimes Act 1900 (ACT)
S60 Act of indecency without consent
(1) A person who commits an act of indecency on, or in the presence of, another person without the consent of that person and who knows that that other person does not consent, or who is reckless as to whether that other person consents, to the committing of the act of indecency is guilty of an offence punishable, on conviction, by imprisonment for 7 years.[5]
Crimes Act 1900 (NSW)
S61L Indecent assault
Any person who assaults another person and, at the time of, or immediately before or after, the assault, commits an act of indecency on or in the presence of the other person, is liable to imprisonment for 5 years.[6]
Act of Indecency with consent or without consent:
Indecency is an ordinary English word which means indecent behaviour. It is for the jury to decide that whether the facts of the case amount to indecency or not.[7] Generally, it has sexual meaning which followed by the ordinary meaning approach which connected with the areas of the body associated with the sexual activity.[8] Courts has also referred to what ‘right-minded persons would consider’ in directing the jury: This case also recognized that some conduct might be considered inherently indecent, some might be vague. (This case Accused had spanked 12-year girl across the buttocks & admitted to ‘buttock fetish’).[9]
ELEMENT OF THE OFFENCE
Physical element (Actus Res) of this case:
In my observation while I was listening the sentencing order, actus res was present and the conduct of offender was voluntary during every time he touched the private parts of victim’s body and also did the indecency act while no body present at home and he repeated that act of indecency several times.
Fault element (Mens Rea) of this case:
Offender’s intention towards victim was not good. Offender has knowledge about his act which he did with victim. He had malafide intention of sexual act towards victim.
Mental Element of Indecent Assault:
Under common law, accused intentionally or recklessly touched victim’s body or intentionally or recklessly threatened that unlawful force would be applied.[10]
PURPOSE OF THIS OFFENCE
In my opinion, there was two purpose of this offence;
- Accused/Offender had dark hidden fantasy about incest and fulfilled his dark fantasy.
- Accused/Offender had a psychiatric disorder named ‘Pedophilia’[11] in which a person has sexual attraction to prepubescent children, generally age 13 years or younger.
JUSTICE PENFOLD’S CONSIDERATION TOWARDS ACCUSED
Prior to sentencing Mr Statford, Justice Penfold discussed the following observations of Mr Parkinson’s circumstances:
- Criminal record of theft and dishonesty.
- An unhappy childhood, with an abusive & mentally ill mother.
- Financial hardship.
- Employment history comprising mainly trade and labour jobs.
- Patient in two Mental hospital one was Goulbourn Hospital and other was Batsman bay hospital.
- Unsuccessful married life. Three time divorced.
- Two time tried to suicide due to his mental condition/
JUSTICE PENFOLD’S CONSIDERATION TOWARDS VICTIM
- 12-year-old girl who never know what happed with her.
- Breach of trust towards trustworthy relations.
- Her short but strong statement, “you have to kept this secret from everyone.”
TOTAL PENALTY/SENTENCE AWARDED BY COURT
Generally maximum penalty of this offence is 7 years of imprisonment [12]but after all consideration and circumstances as well as observations of jury in this matter, Hon’able court awarded sentence 6 year and 6 month of imprisonment.
CONCLUSION
After attending a sentence hearing, now I understand that there is a lot of considerations to be taken while sentencing and sentencing is a really complicated and complex issue. In my opinion, accused did very serious offense which might affected the mental health of victim in future as well as worst impact on society because it is also a matter of trust between the close relations. To conclude this, I strongly agreed with the sentence handed out by the Hon’able judge. I also understand that a person’s past history and relevant cases must be taken into consideration when assessing these types of issues. Finally, through sex offender programme in relation to child abuse should prevent the offender from committing the crimes again.
Bibliography:
A- Books
David, Brown, David Farrier Sundra Egger Luke McNamara Alex steel Michael Grewcock and Donna spears, Criminal Laws materials and commentary on Criminal Law and Process of New South Wales (The Federation Press 6th ed, 2015)
B- Legislation
Crimes Act 1900 (NSW)
Crimes Act 1900 (ACT)
Criminal Code 1995 (Cth)
[1] Crimes Act 1900 (ACT).
[2] Ibid.
[3] Ibid, s60.
[4] Ibid.
[5] Ibid.
[6] Crimes Act 1900 (NSW).
[7] R v Nazif [1987] 2 NZLR 122 at 127.
[8] Harkin (1989) 38 A Crim R 296 at 301.
[9] R v Court [1989] AC 28 at 42 per Lord Acker.
[10] Drago v The Queen (1992) 8 WAR 488.
[11] https://en.wikipedia.org/wiki/Pedophilia
[12] Crimes Act 1900 (ACT) s60.