Federal Court of Australia
JUDGMENT No, sn B Ql wt Son CATCHWORDS
APPEAL - Crown Appeal against inadequacy of sentence - consensual sexual act with person aged 12 - no element of exploitation - mentally retarded offender - non-custodial sentence
within discretion.
CRIMINAL LAW .- penalties for sexual assault - legislative intent when altered - purpose to protect young persons under 16 from sexual exploitation.
SENTENCING - consensual 'sexual act with person aged 12 - no element of exploitation - mentally retarded offender - non-custodial sentence not inadequate - reluctance to increase sentence on Crown appeal ~ victim impact evidence - need for same to relate to facts as
proved. \
Crimes Act 1900, s92E Criminal Code (WA), s319(2)
R v McClymont, unreported, NSW 'CCA, Gleeson CJ, Mahoney JA and McInerney l,
17 December 1992 Rv Herring, unreported, WA CCA, Pidgeon, Seaman and White JJ, 22 September 1994
Parnis v R (1993) 126 ALR 423
ON APPEAL FROM THE SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY
THE QUEEN v WAYNE COLIN CHALMERS
No, ACT G29 of 1995
Coram: Wilcox, Hill and Higgins JJ Date: 12 September 1995 Place: Canberra 15 SEP 1995
FEDERAL COURT OF
AUSTRALIA
PRINCIPAL REGISTRY
IN THE FEDERAL COURT OF AUSTRALIA AUSTRALIAN CAPITAL TERRITORY
wa ww
DISTRICT REGISTRY No ACT G 29 of 1995 GENERAL DIVISION ON APPEAL FROM THE SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY BETWEEN: THE QUEEN — Appellant \ : AND: WAYNE COLIN CHALMERS Respondent MINUTE OF ORDER CORAM: - Wilcox, Hill and Higgins JJ DATE: 12 September 1995 PLACE: Canberra THE COURT ORDERS THAT:
1. The appeal be dismissed.
Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
IN THE FEDERAL COURT OF AUSTRALIA ) No. ACT G29 of 1995 AUSTRALIAN CAPITAL TERRITORY ) DISTRICT REGISTRY ) GENERAL DIVISION )
ON APPEAL FROM A JUDGE OF THE SUPREME COURT OF OF THE AUSTRALIAN CAPITAL TERRITORY
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