1A parent with parental responsibility may make a victim impact statement in their own right under s 49 of the Crimes (Sentencing) Act 2005 (ACT). Section 51(3) should be applied pragmatically, consistent with the purpose of victim participation rather than technically. On the facts, the parent's statements about harm to the child were not excluded despite the absence of the child's indication of non-objection, but were approached with caution.
2The fact that a child under 16 cannot legally consent to sexual intercourse does not mean the child cannot tell the Court about the harm they have experienced. Conversely, for some victims, such as infants or very young children, a parent or carer must be able to speak to the effect of the offending on the child.
3A victim impact statement may not urge a particular sentence, and under s 51(7) it may not contain anything offensive, threatening, intimidating or harassing; such material will be given no weight or redacted. The prosecution bears the obligation to advise victims of the proper scope of victim impact statements and to tender them in admissible form.
Case Details
Citation[2025] ACTSC 525
CourtACTSC
JurisdictionAustralian Capital Territory
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