Posts Tagged ‘ACT Supreme Court’


 

UPDATE:  SEPTEMBER 2018

Meyboom has appeared on a charge of committing an act of indecency in the presence of a child aged under 16.

He did not enter a plea, did not apply for bail, and no further information was presented in court.

He is listed to reappear before the court next month.

 

http://www.abc.net.au/news/2012-08-03/jail-term-manifestly-inadequate/4175938

Jail term ‘manifestly inadequate’

By Elizabeth Byrne

Updated August 04, 2012 10:53:23

The ACT Court of Appeal has been told a jail sentence imposed on a man found guilty of sexual assault is manifestly inadequate.

The ACT’s Director of Public Prosecutions Jon White is challenging a sentence imposed on Craig Paul Meyboom, 36, particularly in relation to two counts of sexual assault against a woman he attacked in April 2006.

Meyboom was also sentenced for two assaults and three acts of indecency on other victims.

The court heard in one instance he grabbed a girl by the neck and told her to tell her friend to leave or he would kill her.

Mr White told the court the five year sentence imposed for the sexual assault of another victim was inadequate given the maximum term of 12 years.

Mr White has told the ACT Court of Appeal the sexual assault was a case of a stranger rape of a vulnerable victim in appalling circumstances.

But Meyboom’s barrister Shane Gill has told the court a review of similar cases shows there is no inadequacy in the sentence.

On the current sentence Meyboom will be eligible for parole in November.

The court has reserved its decision.

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UPDATED:  JULY 2017

http://www.abc.net.au/news/2017-07-14/canberra-lecturer-sentence-rape-indecent-assault/8710104

Former University of Canberra lecturer Arthur Hoyle jailed for rape, indecent assault

By Elizabeth Byrne

Updated about 10 hours ago

Former University of Canberra law lecturer Arthur Hoyle has been sentenced to four years in jail for raping one student and committing acts of indecency against three others.

Hoyle, 67, was found guilty in April of raping one student and indecently assaulting others that he lured to his office under the pretence of plagiarism meetings.

During Friday’s hearing, his lawyer Kieren Ginges said: “It’s a horrendous offence.”

“If there’s sexual intercourse without consent then it’s a severe breach of personal liberty and rights, and it does traumatise people for life.”

He also said there was no violence involved and the offences were at the lower end of the spectrum.

In sentencing, Justice Michael Elkaim noted the vulnerability of the students and that Hoyle had abused a position of trust.

He also rejected suggestions Hoyle’s offending was a product of any mental impairment or brain disease.

“He was in a position of authority, trust and influence,” Justice Elkaim said.

“He abused this position.”

In all, five women came forward with complaints about Hoyle, which included claims he inappropriately touched and tried to kiss them.

Hoyle was suspended from the university in April 2015 when the complaints were raised.

Three of his victims, all international students, wrote letters to Justice Elkaim, that were read out in court last month.

One victim said she remained too upset to talk to anyone about what happened to her.

“My husband didn’t know about the incident and I had to lie about why the police and [prosecutors] contacted me,” the court heard.

“I will never tell my family, my husband or anyone in the future.”

Hoyle will serve a non-parole period of two and a half years, and will be eligible for release in 2019.

 

http://www.abc.net.au/news/2017-05-17/uc-sexual-assault-victim-too-sacred-to-tell-family/8534178

University of Canberra sexual assault victim says her husband ‘still doesn’t know’ about incident

By Ewan Gilbert

Posted 17 May 2017, 5:40pm

The victims of a former University of Canberra law lecturer found guilty of rape and indecent assault have described their ongoing horror to the ACT Supreme Court.

Last month, Arthur Marshall Hoyle, 67, was found guilty of raping one student and indecently assaulting others that he lured to his office under the pretence of plagiarism meetings.

The court heard one of the students was raped by the lecturer in his office while having a discussion about alleged plagiarism.

Three of his victims, all international students, wrote letters to Justice Michael Elkaim about how the case had affected them.

Each asked for their statements to be read aloud in the court today.

One victim said she remained too upset to talk to anyone about what happened to her.

“My husband didn’t know about the incident and I had to lie about why the police and [prosecutors] contacted me,” the court heard.

“I will never tell my family, my husband or anyone in the future.”

The court heard another victim feared to go to university following the incident.

“I started asking myself if I had made a mistake to choose to study at the University of Canberra,” the victim wrote.

“I started thinking that Asian students are being treated unfairly in the university and Arthur was being racist.

“I couldn’t believe a professor would have ever been so sleazy and disrespectful to students.”

A third victim wrote she often felt depressed and cried for no reason.

“I don’t sleep well — about four hours at night,” the woman said.

“I become angry easily and quarrel with my boyfriend. I just want this matter to be over and go on with my life.”

Hoyle was suspended from the university in April 2015 when the allegations were raised by the victims.

Hoyle is due to be sentenced later this year.

 

 

 


 

UPDATE: APRIL 2015

Chief Justice Helen Murrell sentenced Philpot to 19 months in jail, but released him on a two-and-a-half-year recognisance release order, which imposes conditions such as good behaviour, counselling for up to two years and supervision by the ACT Corrections Directorate for two years.

 

http://www.abc.net.au/news/2014-11-27/former-nsw-school-principal-pleads-guilty-to-accessing-child-po/5923074

Former NSW school principal pleads guilty to accessing child pornography

By Elizabeth Byrne

Thu 27 Nov 2014, 5:04pm

A former New South Wales primary school principal will be sentenced in the ACT Supreme Court after pleading guilty to a charge of accessing child pornography.

Michael Philpot, 58, had been principal of a school in the NSW town of Young.

He was arrested last year after his employer found sexually explicit text messages and photos on his work phone.

Court documents reveal Philpot had made contact with a 13 or 14-year-old Canberra boy on an app called Grindr, before the pair communicated by phone sharing explicit conversations by text, and sending each other inappropriate images.

He has been charged with using a carriage service to access child pornography.

Philpot left the school last year after the material was found.

He will return to the ACT Supreme Court next month for sentencing.

 

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UPDATED:  NOVEMBER 2016

http://www.abc.net.au/news/2016-11-03/canberra-prisoner-sentence-nephew-sex-abuse/7992964

Canberra man sentenced to extra two years’ jail for sexually abusing nephew

Posted 24 minutes ago

A Canberra man currently imprisoned for the abuse of an 11-year-old boy has had his sentence extended by more than two years for abusing his nephew in the early 1990s.

The ACT Supreme Court has heard Willem Scheeren, 59, was sentenced to eight years in prison in 2014 for sexually abusing an 11-year-old boy in the 1980s.

While in custody last year, he was charged with committing acts of indecency, attempting to engage in sexual intercourse and engaging in sexual intercourse with his 15-year-old nephew over two separate incidents between 1991 and 1992.

The court heard Scheeren had assaulted his nephew on multiple occasions when they were alone together, but the charges related only to incidents his nephew could particularise.

Scheeren pleaded guilty to all charges.

In sentencing, Justice John Burns said there was evidence Scheeren had “gained considerable insight” into his offences in the 24 years since they occurred.

Justice Burns told the court a pre-sentence report on Scheeren had revealed he had been sexually abused as a child and as a result had developed a warped sense of sexual relationships and interaction.

One doctor who saw Scheeren said he believed his “personality has been retarded by his early circumstances”.

Justice Burns said he accepted the offences “involved a breach of trust”.

He also noted that Scheeren had made contact with his nephew to apologise and acknowledge what he had done.

Scheeren was sentenced to an aggregate of two years and nine months for the four charges.

Combined with the sentence handed down by Chief Justice Helen Murrell in 2014, Scheeren was sentenced to a total of 10 years in jail.

Scheeren’s non-parole period has also been extended from June 2017 to September 2019.

 

UPDATED:  JULY 2016

http://www.abc.net.au/news/2016-07-27/canberra-child-sex-abuse-victim-speaks-out-in-court/7666580

Canberra child sex abuse victim speaks out against uncle in ACT Supreme Court

Posted yesterday at 6:19pm

A man who was sexually abused by his uncle in Canberra in the 1980s and 1990s has told the ACT Supreme Court of the profound impact the crime had on his life.

The court heard Willem Bowen Scheeren began to take an interest in his nephew Antony James Vote in the late 1980s, taking the boy on camping trips or to swim at local rivers.

Mr Vote, who wished to be identified, read a statement in court outlining how the abuse he then suffered had affected him.

“For a long time I blamed myself for what happened,” he said.

“For a time I was even confused about my sexuality.

“It happened at a critical time in my life.

“For a time I even thought I was gay.”

Mr Vote said it was still difficult for him to spend quality time with his sister’s children.

“I’m always feeling uncomfortable with thoughts of them thinking I could be the same as my uncle,” he said.

He said the abuse he suffered also exposed him to drugs and had divided his family.

“The impact it has had on my mother is what affects me the most,” he said.

I share his pain: mother

His mother Robin Vote told the court that, while juggling work and parenting, she was initially grateful for the time Scheeren spent with her son.

“I was so happy that Antony had companionship and activities to keep him occupied and, I thought, safe,” she said.

“As a mother, this is my greatest guilt.”

She said Scheeren had since “freely admitted” that he had had inappropriate sexual contact with her son but told her it was “his way of demonstrating love”.

Ms Vote said her family had become divided after her son revealed the abuse he had suffered.

Ms Vote said her son was in the process of recovering from his past.

“Antony is a loving and beloved son and brother,” she said.

“He has suffered enormously and of course I share his pain.

Scheeren has pleaded guilty and is due to be sentenced next week.

 

http://www.abc.net.au/news/2014-10-16/former-scoutmaster-jailed-for-eight-years-over-child-sexl-abuse/5819964

Former Canberra scoutmaster jailed for child sexual abuse

By Elizabeth Byrne

Posted

A former Canberra scoutmaster will serve up to eight years in prison for sexually abusing a young boy in the 1970s.

Willem Bowen Scheeren pleaded guilty to 12 offences related to the abuse of the then 11-year-old boy, who he met after being the scoutmaster for his elder brother.

The ACT Magistrates Court heard some of the offences took place at the shoe shop where Scheeren worked.

The court heard the 58-year-old had suffered sexual abuse in his own home as a child and had not realised what he had done until he sought counselling.

Scheeren told the court he tried to apologise to the victim and that he had made admissions to police in 2005.

The charges were not pursued until a recent change in the law regarding the statute of limitations.

Justice Helen Murrell told the court Scheeren had been left alone with the boy because his parents had trusted him, but he had abused that trust.

Scheeren was sentenced to eight years in prison, with a non-parole period of two years and eight months.

 

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Singh – Ajitpal - Photo3

 

UPDATE:  JANUARY 2016

Ajitpal Singh has had his sentence cut on appeal.  The ACT Court of Appeal resentenced Singh to 8 & 1/2 years’ jail, with a non-parole period of 5 years. He will be eligible for release in October 2018.

 

UPDATE: AUGUST 2015

Adjitpal Singh is appealing his sentence as he feels it is too harsh & was much more severely punished than his co-accused.

The court has reserved its decision.

 

http://www.abc.net.au/news/2014-09-22/indian-nationals-jailed-for-raping-woman-met-on-dating-app/5761272

Dating app rape trial: Two men sentenced to jail, deportation over Canberra rape

By Elise Pianegonda and Jonathon Gul

Tue 23 Sep 2014, 1:09pm

Two Indian nationals have been jailed for raping a Canberra woman they met on the dating app Tango.

Randir Singh, 21, and Adjitpal Singh, 33, were sentenced to eight and 12 years jail respectively.

The men were each found guilty of five charges, including rape and unlawful confinement.

The court heard Randir Singh made contact with the woman on an app called Tango.

The victim agreed to have sex with him, but when she arrived at the agreed place Adjitpal Singh was also present.

When the woman tried to back out Adjitpal Singh threatened to show the woman’s husband the text messages she had sent to Randir Singh.

Ajitpal Singh also told the victim that he knew where her son went to school.

The men then took the woman to an apartment in Belconnen, where they repeatedly raped her.

Randir Singh will be eligible for parole in 2019, and Adjitpal Singh in 2021.

The court heard the men were expected to be deported once they had served their sentences.

Victim afraid to go out in public

In a victim impact statement read to the court, the woman said she was now fearful to go out in public and for her children’s safety.

The court also heard that news of the men’s convictions had made it back to India, and they would feel embarrassed and ashamed to return to their small-town communities.

In sentencing, Justice Steven Rares said the case should set a strong precedent for other abuses of online dating applications.

“In an internet age where men and women go on these dating sites… it’s important to protect the community,” he said.

While Justice Rares took into account that Adjitpal Singh was Randir Singh’s boss and was more than 10 years older, he said Randir Singh had been vital to the whole plan.

“He played a highly active role and should not be seen as any less culpable than Adjitpal Singh,” he said.

 

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Edwin – Navin - Photo.

 UPDATED:  OCTOBER 2014

http://www.abc.net.au/news/2014-10-27/convicted-paedophile-has-sentenced-reduced-by-act-court/5844886

Convicted paedophile Navin Edwin has sentenced reduced by ACT court

By Gordon Taylor

Mon 27 Oct 2014, 3:43pm

An Indian national convicted of child sexual offences has had his 10-year jail sentence reduced by the ACT Court of Appeal.

Navin Edwin, 35, was convicted of 17 charges during two trials last year and sentenced to almost 11 years jail.

More than half the offences involved a six- or seven-year-old girl.

The offences included grooming, acts of indecency and production of child pornography.

Edwin also sent a naked image of himself to one victim.

In sentencing, Justice John Burns told Edwin he was a shameless liar who had shown no remorse.

Today the Court of Appeal reduced the sentence to six and a half years because of errors to do with the overlap of Territory and Commonwealth law and Justice Burns mistaking the maximum penalty on several offences.

Because Edwin has already served four years in jail he will be eligible for parole just before December 2015.

Edwin will be deported to India when he is released from prison.

 

http://www.abc.net.au/news/2014-08-07/convicted-paedophile-navin-edwin-appeals-sentence-in-act-court/5655228

Convicted paedophile Navin Edwin appeals length of sentence in ACT court

By Elizabeth Byrne

Thu 7 Aug 2014, 4:00pm

An Indian national convicted of child sex offences has asked the ACT Court of Appeal to reduce his 10-year sentence.

Navin Edwin, 34, was convicted of 17 charges during two trials last year, and sentenced to 10 years and eight months in jail.

The offences ranged from grooming to acts of indecency and production of child pornography.

Edwin also sent a naked image of himself to one victim.

His lawyers told the court his sentence was manifestly excessive.

They argued there was a particular concern about the individual sentences for charges involving the production of child pornography when he took offensive photos of the victims.

An initial challenge to the conviction has been dropped.

At the time he was sentenced, Justice John Burns told Edwin he was a shameless liar who had shown no remorse.

Justice Burns recommended that Edwin be deported back to India upon becoming eligible for parole.

 

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UPDATE:  MAY 2017

Justice Elkaim sentenced Sutton to two years’ imprisonment, to be suspended after 18 months upon entering a three-year good behaviour order.

He ordered Sutton to take part in the adult sex offender program. He will be released next June.

 

http://www.abc.net.au/news/2016-12-03/4500-child-porn-images-videos-allegedly-saved-by-act-man/8089806

More than 4,000 child pornography files allegedly found on Canberra man’s hard drive

Updated 3 Dec 2016, 12:39pm

A Canberra man accused of storing thousands of child pornography files has been refused bail in the ACT Magistrates Court.

Mackenzie William Sutton, 36, was charged with two offences after a police search of his home in Nicholls on Friday.

The prosecutor told the court nearly 4,500 images and videos were found on a hard drive, mostly of girls between the ages of three and nine.

Two USB thumb drives were also located, which police said may have contained child pornography that had been deleted.

During questioning, Sutton told police he didn’t know where the images came from and suggested that “hackers” could have targeted him because he was a Donald Trump supporter.

Sutton’s defence attorney applied for bail, noting he had an inherited intellectual impairment and that he was not a likely flight risk.

But this was opposed by the prosecution, who said there was a risk of interference with evidence and of further offending.

TOR software used, raising dark web concerns

Senior constable Michael Harris, from ACT Policing, told the court all of the material appeared to have been downloaded in November 2016 alone and that this was “highly unusual”.

Senior Constable Harris said the fact that TOR software, which enables anonymous internet communication, was also found suggested Sutton was familiar with the dark web.

“The moment he gets on the internet he [would] be able to delete it … unrecoverable forever,” he said.

Senior Constable Harris also told the court internet restrictions would be almost impossible to police.

“I find it difficult to be certain that he would not access internet from any other device he picks up,” he said.

Sutton was denied bail and will return to court on December 20.

 

http://www.abc.net.au/news/stories/2009/10/23/2722493.htm?site=idx-act

Man avoids jail time for child porn

Posted October 23, 2009 13:30:00

A Canberra judge has described sentencing an intellectually impaired man who downloaded thousands of child pornography images, as a difficult decision.

Mackenzie William Sutton, 29, pleaded guilty to accessing and possessing child pornography.

The ACT Supreme Court heard Interpol gave Australian police Sutton’s computer IP address after it was found to have accessed a Croation site under investigation.

Police seized Sutton’s computer in 2007 and found nearly 8,000 images and 116 videos featuring illicit images involving hundreds of children.

Justice Richard Refshauge sentenced him to two years jail but he will serve a three year good behaviour order with strict conditions instead of time in custody.

Justice Reshauge said although it was abhorrent, Sutton has a limited capacity to understand the nature of the offence.

He said he hopes the community understands the sentence was a very hard decision.

 

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