Coggan v The Queen

Case [2013] ACTCA 49


CHRISTOPHER JOHN COGGAN v THE QUEEN
[2013] ACTCA 49 (30 October 2013)

APPEAL – Appeal against sentence – whether non-parole period too long having regard to appellant’s responsibility for children – consideration of appellant’s criminal record – significance of sentences in other jurisdictions – significance of burning down of appellant’s house while appellant in custody – whether sufficient discount was given for early pleas of guilty – utilitarian value of early plea of guilty – acknowledgment of benefits of early plea of guilty on criminal justice system – excessively rigorous approach may increase defended trials if no perceived benefit to offender in late plea of guilty – higher discount should have been provided – appeal upheld – appellant re-sentenced. 

Crimes (Sentencing) Act 2005 (ACT) ss 33(1)(o), 35(4)

Holliday v The Queen [2013] ACTCA 31
R v Howard (sentencing remarks, SCC 267 of 2010, 22 November 2012)
Taylor v Bowden [2009] ACTSC 13

EX TEMPORE JUDGMENT

ON APPEAL FROM A SINGLE JUDGE OF THE SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY

No. ACTCA 5 – 2013
No. SCC 76 of 2012

Judge:              Murrell CJ, Refshauge and Penfold JJ
Court of Appeal of the Australian Capital Territory

Date:               30 October 2013

IN THE SUPREME COURT OF THE           )       
  )       No. ACTCA 5 – 2013
AUSTRALIAN CAPITAL TERRITORY      )       No. SCC 76 of 2012
  )       

COURT OF APPEAL  )

ON APPEAL FROM A SINGLE JUDGE OF THE SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY

BETWEEN:CHRISTOPHER JOHN COGGAN

Appellant

AND:THE QUEEN

Respondent

ORDER

Judge:  Murrell CJ, Refshauge and Penfold JJ
Date:  30 October 2013
Place:  Canberra

THE COURT ORDERS THAT:

  1. The appeal is upheld.

  1. The sentence of the trial judge is set aside.

  1. The appellant is re-sentenced as follows:

(a)  the 3-month previously suspended sentence is imposed in full;

(b) for the first burglary and associated theft, the appellant is sentenced to 19 months and 7 months imprisonment respectively, to be served concurrently and fully accumulated on the 3-month sentence;

(c)  for the second burglary and associated theft, the appellant is sentenced to 24 months and 14 months imprisonment respectively, to be served concurrently with each other and accumulated so as to add 11 months to the total sentence;

(d) for the third burglary, the attempted theft and the going equipped offence, the appellant is sentenced to 32 months, 10 months and 6 months imprisonment respectively, to be served concurrently with each other and accumulated so as to add 21 months to the total sentence. 

  1. The total new sentence is 4 years and 6 months imprisonment, backdated to 12 March 2012.

  1. The non-parole period is 32 months, starting on 12 March 2012 and expiring on 11 November 2014.

IN THE SUPREME COURT OF THE           )       
  )       No. ACTCA 5 – 2013
AUSTRALIAN CAPITAL TERRITORY      )       No. SCC 76 of 2012
  )       

COURT OF APPEAL  )

ON APPEAL FROM A SINGLE JUDGE OF THE SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY

BETWEEN:CHRISTOPHER JOHN COGGAN

Appellant

AND:THE QUEEN

Respondent

Judge:  Murrell CJ,…

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AGLC
Coggan v The Queen [2013] ACTCA 49
Case
[2013] ACTCA 49
Decision Date

CaseChat Overview and Summary

In *Coggan v The Queen*, the appellant appealed against the sentence imposed by the trial judge. The appeal concerned the length of the non-parole period, the appellant's responsibility for his children, his criminal record, the significance of sentences in other jurisdictions, the destruction of his home while in custody, and whether a sufficient discount had been applied for his early pleas of guilty.

The central legal issues before the Court of Appeal were whether the original sentence was manifestly excessive, particularly in light of the appellant's personal circumstances and the utilitarian value of his early pleas. The court was required to consider the appropriate discount for an early guilty plea, acknowledging its benefits to the criminal justice system and the potential for an overly rigorous approach to discourage such pleas.

The Court of Appeal reasoned that a higher discount for the early pleas of guilty should have been provided by the trial judge. The court found that the original sentence was excessively rigorous and that the utilitarian value of the early pleas had not been sufficiently recognised. Consequently, the appeal was upheld, the original sentence was set aside, and the appellant was re-sentenced. The new sentence comprised a total of 4 years and 6 months imprisonment, backdated to 12 March 2012, with a non-parole period of 32 months.

Orders

Orders of the court

1. The appeal is upheld.

2. The sentence of the trial judge is set aside.

3. The appellant is re-sentenced as follows:

(a) the 3-month previously suspended sentence is imposed in full;

(b) for the first burglary and associated theft, the appellant is sentenced to 19 months and 7 months imprisonment respectively, to be served concurrently and fully accumulated on the 3-month sentence;

(c) for the second burglary and associated theft, the appellant is sentenced to 24 months and 14 months imprisonment respectively, to be served concurrently with each other and accumulated so as to add 11 months to the total sentence;

(d) for the third burglary, the attempted theft and the going equipped offence, the appellant is sentenced to 32 months, 10 months and 6 months imprisonment respectively, to be served concurrently with each other and accumulated so as to add 21 months to the total sentence.

4. The total new sentence is 4 years and 6 months imprisonment, backdated to 12 March 2012.

5. The non-parole period is 32 months, starting on 12 March 2012 and expiring on 11 November 2014.

Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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