Posts Tagged ‘Court of Appeal’


 

Forde – William Craig

 

http://www.abc.net.au/news/2008-01-17/rape-victim-wins-139k-compensation/1015362

Rape victim wins $139K compensation

Updated 17 Jan 2008, 4:54pm

A County Count judge has ordered a convicted rapist to pay more than $139,000 compensation to his victim.

50-year-old William Craig Forde was sentenced to an indefinite term in jail last year.

The court was told he kidnapped a woman identified as “Jessica” in Ballarat in 2006.

He held her captive in her car for almost 30 hours and repeatedly raped her.

Judge Tom Wodak said he accepted “Jessica” suffered Post Traumatic Stress Disorder as a result of the attack.

Despite being ordered to pay compensation, Forde may not be able to pay the full amount.

His only asset is a rural block of land, that may have to be sold to pay his legal fees.

His prison term will be reviewed in 16 years.

Jessica’s lawyer Katalin Blond says now the compensation order has been made, steps have to be taken to enforce it.

“Jess is grateful in the acknowledgment of the court’s judgement but understands that there’s certainly a long road ahead in enforcing that judgement,” she said.

“I would imagine that that issue probably won’t be resolved for at least 12 months.”

 

http://www.abc.net.au/news/2006-12-13/court-gives-life-term-to-depraved-rapist/2152796

Court gives life term to ‘depraved’ rapist

Updated 13 Dec 2006, 3:03pm

A man who repeatedly raped a woman from Ballarat, in central Victoria, will spend the rest of his life in jail.

The 29-year-old woman was kidnapped and raped at knife-point over a 30 hour period in February, in at attack Detective Paul Jolly of Ballarat police says is the worst he has seen in 24 years.

“This would have to be the nastiest incident I’ve dealt with,” he said.

William Craig Forde, 49, was today sentenced in the County Court in Ballarat to an indefinite jail term.

Judge Wodak said the offences were of a gravity rarely seen, and Forde showed little potential for reform.

The victim described Forde as an animal.

“As much as you can characterise somebody like this, then that’s the way to say it, depraved, deviant,” she said.

She says she will try to use her experience to help other rape victims.

 

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Criminal history of William Craig Forde:

September 8, 1988 — raped a 31-year-old woman neighbour at knifepoint in her
Thornbury home. Forced her to drive him to a primary school where her children
were waiting, but she was able to escape and call police.

June 1, 1989 — convicted in the County Court of two counts of rape, indecent
assault, intentionally causing injury and car theft. Sentenced by Judge Cullity
to a maximum five years’ jail with a minimum of three years.

August 24, 1990 — released from jail after remissions of one- third off the
sentence for good behaviour, which were then applicable.

June 20, 1991 — aggravated rape at knifepoint of a woman who had come to his
outer suburban home to pick up some ironing. The 57- year-old woman was punched
in the face and had her wrists and ankles tied with twine during the attack,
which lasted more than 30 minutes. She escaped by locking herself in her car
after he ordered her to leave the house with him and said he was “taking her
for a ride”.

November 15, 1991 — convicted in the County Court of aggravated rape,
aggravated indecent assault, intentionally causing injury and false
imprisonment. Sentenced by Judge Stott to 10 years’ jail with a minimum of
seven years.

November 26, 1996 — refused parole because of his unwillingness to participate
in a sex offenders’ treatment program in jail.

July 11, 1997 — again denied parole.

March 24, 1998 — released from jail on expiry of his maximum sentence (less
remission of one-third, which applied when he was sentenced in 1991 but was
abolished the following year).

September 28, 1998 — raped a 13-year-old girl, who was attacked when Forde
took her for a walk at Whittlesea after driving down a dirt track and leaving
his partner in the car. Forde was arrested six weeks later at a Queensland
caravan park.

September 30, 1999 — convicted of rape and sentenced in the County Court by
Judge Stott to a maximum of seven years’ jail with a minimum non-parole period
of five years, including 326 days already remanded in custody.

September 18, 2002 — told he would not be paroled when his minimum sentence
expired because he refused to do the sex offenders’ program.

November 19, 2003 — denied parole.

December 1, 2004 — again denied parole.

August 4, 2005 — refused parole again.

November 7, 2005 — released from jail on expiry of his maximum sentence.

February 6, 2006 — raped a young shop assistant in the back of a Ballarat shop
after tying her wrists and ankles behind her, gagging her and cutting off her
clothes with a knife. Forde then stole the 23-year-old mother’s car, bundled
her into it at knifepoint and drove her around central and northern Victoria
for the next 29 hours. She was raped repeatedly during her ordeal before being
driven back into Ballarat and let out of the car.

May 12, 2006 — appeared at Ballarat Magistrates’ Court for a preliminary
hearing and said he was guilty of 22 counts of rape and two charges of armed
robbery, one of abduction and one of false imprisonment.

Other convictions:

Disobeying traffic control signal, unlicensed driving, exceeding .05,
assaulting police, resisting arrest, obtaining financial advantage by
deception.

 

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http://www.couriermail.com.au/news/queensland/paul-john-stanley-jailed-for-11-years-on-three-counts-of-rape-two-while-armed-with-a-knife/story-e6freoof-1226509106828

Paul John Stanley jailed for 11 years on three counts of rape, two while armed with a knife

A 16-YEAR-OLD boy had his dream of joining the Royal Australian Navy shattered after revealing he had been brutally raped by an HIV-infected sex predator, a court has been told.

Paul John Stanley, then aged 38, handed the young teen a potential death sentence when he repeatedly raped and abused the boy – at times while holding a knife to his throat – during a sleep over at a mate’s Brisbane home on October 2, 2010.

The Brisbane District Court was told Stanley – who had been aware he was HIV positive for several years – made no attempt to protect the boy ” from the very real prospect” of catching the disease during the prolonged and brutal attack.

Prosecutor Ken Spinaze said in the wake of the attack the teenager applied to join the Navy, but was rejected after revealing he may have contracted HIV as a result of Stanley’s abuse.

Stanley, now aged 40, was jailed for 11 1/2-years on Friday on three counts of rape, one count each of assault with intent to commit rape and deprivation of liberty and four of sexual assault – two of those whilst armed with a knife.

The court was told Stanley was convicted after a jury trial in May and was yet to answer a charge of exposing another victim to a communicable disease.

Mr Spinaze said Stanley “mercilessly took advantage” of the 16-year-old – who had earlier consumed alcohol – and subjected the boy to a “number of prolonged, degrading sexual acts in a brazen and humiliating way”.

“(And Stanley) did nothing to protect the (boy) from transmission of that (HIV) disease.”

Mr Spinaze said the boy had to endure not only the horrific abuse, but also the shame and anguish of being denied his dream of joining the Navy.

He said Stanley also had a previous sex conviction for stalking a man from a public toilet block to his place of work and then exposing himself.

Lawyers for Stanley said the convicted sex fiend was in poor health and heavily medicated as a result of his potentially fatal illness.

Judge Deborah Richards, in sentencing, noted that during the persistent attack Stanley used a knife, threats and drugs in a bid to subdue the boy and “have his way with him”.

At the same time Stanley was being sentenced, Queensland’s highest court was handing down a decision rejecting his appeal against the convictions recorded in May.

The Court of Appeal in Brisbane dismissed Stanley’s appeal, saying he had “failed to demonstrate that the jury’s verdicts were unsafe and unsatisfactory.”

 

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UPDATE: April 2015

Lawrence will make a bid for freedom in a special leave application to the High Court on April 17. If the High Court bid fails he will have another chance to apply for freedom in the Supreme Court within months.

 

http://www.abc.net.au/news/2014-09-02/qld-ag-wins-appeal-to-keep-killer-and-rapist-in-jail/5713810

Queensland Attorney-General wins appeal to keep killer and rapist Mark Lawrence in jail

By Louisa Rebgetz

Tue 2 Sep 2014, 3:26pm

Queensland’s Attorney-General has won a legal bid to keep convicted killer and rapist Mark Richard Lawrence in jail.

Lawrence has been in jail for more than 30 years after being convicted of the manslaughter of a female psychiatric patient at the Wolston Park Hospital, south-west of Brisbane.

His sentence was extended when he was convicted of raping a fellow prisoner in 1999.

The sentence expired in 2008 but lawyers for the Government successfully sought an order for Lawrence’s ongoing detention.

In May this year, Supreme Court Justice Philip McMurdo ordered Lawrence be released under a supervision order.

The Attorney-General appealed against the decision.

The Court of Appeal has set aside the release order, finding the only way to protect the community is to keep Lawrence in jail.

 

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Fardon – Robert John - Photo3

UPDATE: 16th SEPT 2014

Robert John Fardon will be released back into community detention after lawyers for Qld’s A-G offered no evidence to the court.

 

http://www.abc.net.au/news/2014-09-02/convicted-rapist-robert-john-fardon-arrested-in-brisbane/5714206

Robert John Fardon arrested in Brisbane over alleged breach of supervision order

Tue 2 Sep 2014, 6:15pm

Convicted rapist Robert John Fardon has been arrested in Brisbane over an alleged breach of the conditions of a supervision order.

The 65-year-old has been living in community detention at Wacol in south-west Brisbane since being released in December last year

A source has told the ABC Fardon was planning to escape his home, which is under 24-hour surveillance.

He was taken into police custody this afternoon and the matter will be listed for an initial hearing in the Supreme Court as early as tomorrow.

Fardon has spent most of his adult life in prison after he was convicted of numerous sex offences against women and children.

In 2003, Fardon was the first person to be detained indefinitely under Queensland’s Dangerous Prisoners Sexual Offenders Act.

In December 2013, Attorney-General Jarrod Bleijie withdrew an application to keep Fardon in prison.

The decision came after the Court of Appeal declared sections of a new act, granting the Attorney-General power over sex offenders, was invalid.

Fardon’s supervision order was issued under the provisions of the Dangerous Prisoner (Sexual Offenders) Act 2003.

 

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Suspended sentence for sexual abuse of mentally impaired girl overturned

By Jacob Kagi

Wed 27 Aug 2014, 5:30pm

A man who sexually abused a mentally impaired child has had his suspended sentenced overturned by Western Australia’s highest court.

The Court of Appeal today overturned the 18-month suspended sentence handed to Kenneth Raymond Hassell for the 2012 abuse of a 10-year-old girl in Pinjarra.

Hassell will instead begin serving an 18-month jail term from today, after the court upheld an appeal lodged by the Director of Public Prosecutions.

Justice Stephen Hall said there was an “obvious disconnect” between the seriousness of the offences and the original suspended prison term, noting the victim’s vulnerability through her learning difficulties and Hassell’s lack of remorse.

Hassell, who was 59 at the time of the offences, kissed and indecently touched the girl in a sexual way and also threatened to kill her.

He was convicted earlier this year of two counts of indecent dealing with a child.

The incidents took place at a friend’s house, which Hassell had been visiting, as had the girl and her mother.

When confronted by friends about the offences after the victim told her mother, the court was told Hassell said words to the effect of “she came onto me”.

He was then assaulted by another man at the house and suffered two broken toes.

Hassell told police he was highly intoxicated at the time.

He was made eligible for parole.


 

http://www.abc.net.au/news/2014-08-27/child-molester-to-get-sentence-extended-but-no/5699614

Child molester gets sentence extended but no jail time

Wed 27 Aug 2014, 1:55pm

The Queensland Attorney-General’s bid to have a serial child sex offender jailed has failed but the man’s sentence will be extended.

In March this year, Garry John Beattie was sentenced to to 18 months’ jail wholly suspended, after pleading guilty in the the Bundaberg District Court to seven counts of indecent treatment of children under the age of 16, involving two boys, one in 1996 and one in 2001.

Attorney-General Jarrod Bleijie appealed, arguing the sentence was manifestly inadequate and failed to take into account Beattie’s 27-year history of similar offences.

The Court of Appeal found Beattie’s history had not been properly considered but in extending the suspended sentence to two and a half years, determined time in jail would not act as a deterrent nor provide better rehabilitation than the probation treatment he was already in.

 

BEATTIE’S PREVIOUS CHILD SEX CONVICTIONS

1992 – South Australia District Court

2004 – Victorian Magistrates Court

2007 – Bundaberg District Court

2010 – Bundaberg District Court (Received an 18 month jail sentence)

2011- Melbourne County Court

2012 – Melbourne County Court (Jailed for 12 months which was wholly suspended)

2012- Bundaberg Magistrates Court (Fined for failing to report)

2014- Bundaberg District Court (18month wholly suspended sentence)

 

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Sykes – Trent Wesley - Photo.

http://www.abc.net.au/news/stories/2009/09/11/2683070.htm

Man loses child porn sentence appeal

By Jason Rawlins

Posted Fri Sep 11, 2009 11:37am AEST

A Queensland man who used his father-in-law’s home computer to access child pornography has lost an appeal against his sentence.

Trent Wesley Sykes was 28 when he was jailed by a District Court judge in Toowoomba, on Queensland’s Darling Downs, earlier this year for using the internet to access child pornography.

He was sentenced to 15 months in jail, to be released after serving six.

The Australian Federal Police were notified in 2007 that a computer with an IP address registered to Sykes’ father-in-law had downloaded 31 child pornography images from a Croatian astronomy website which had been “hacked” and used to store the material.

Sykes admitted to using his father-in-law’s computer to download a total of 89 images, including 20 category four images – with category five being the worst.

The Court of Appeal dismissed Sykes’ appeal against his sentence, finding it was not excessive.

 

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