Hall v The Queen; Barker v The Queen

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SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY
COURT OF APPEAL

Case Title:

Hall v The Queen; Barker v The Queen

Citation:

[2017] ACTCA 16

Hearing Date:

31 October 2016

DecisionDate:

9 May 2017

Before:

Refshauge, Burns and Rangiah JJ

Decision:

Each of the appeals be dismissed.

Catchwords:

APPEAL – CRIMINAL LAW – Appeal against sentence – aggravated robbery – attempted aggravated robbery –
co-offenders for offences – totality principle – parity principle – whether sentences manifestly excessive – Aboriginality a factor considered by the sentencing Judge – appeals dismissed

Legislation Cited:

Supreme Court Act 1933 (ACT), ss 37E(2)(a) and 37O(7)

Criminal Code 2002 (ACT), ss 44 and 310

Cases Cited:

Bugmy v The Queen [2013] HCA 37; 249 CLR 571

Dalton v The Queen [2015] ACTCA 48
Johnson v The Queen  [2004] HCA 15; 205 ALR 346
Kentwell v The Queen [2014] HCA 37; 252 CLR 601
Mill v The Queen (1988) 166 CLR 59
O’Brien v The Queen [2015] ACTCA 47
Pearce v The Queen [1998] HCA 57; 194 CLR 610
Postiglione v The Queen (1997) 189 CLR 295
R v Duffy [2014] ACTCA 53; 297 FLR 359
R v Henry (1999) 46 NSWLR 346
R v Jajou [2009] NSWCCA 167; 196 A Crim R 370
R v King [2004] NSWCCA 444
R v TW [2011] ACTCA 25; 6 ACTLR 18
Rubino v The Queen [2015] ACTCA 22
Slater v The Queen [2014] ACTCA 33

Zdravkovic v The Queen [2016] ACTCA 53

Parties:

Howard Hall (First Appellant)

Albert Barker (Second Appellant)

The Queen (Respondent)

Representation:

Counsel

Mr J Stewart (First Appellant)

Mr B Dean (Second Appellant)

Mr J White SC (Respondent)

Solicitors

Legal Aid ACT (Appellant) (ACTCA 6 of 2016)

Aboriginal Legal Service (NSW/ACT) (Appellant) (ACTCA 9 of 2016)

ACT Director of Public Prosecutions  (Respondent)

File Numbers:

ACTCA 6 of 2016; ACTCA 9 of 2016

Decision under appeal: 

Court/Tribunal:             Supreme Court of the Australian Capital Territory

Before:  Murrell CJ

Date of Decision:          4 February 2016

Case Title:  R v Hall; R v Barker

Citation: [2016] ACTSC 11

THE COURT:

  1. The appellants, Howard Hall and Albert Barker, each pleaded guilty to two counts of aggravated robbery contrary to s 310 of the Criminal Code 2002 (ACT) and one count of attempted aggravated robbery contrary to ss 44 and 310 of the Criminal Code. 

  1. On 4 February 2016, Murrell CJ (“the sentencing Judge”) sentenced the appellants.


    Mr Hall was sentenced to terms of imprisonment totalling nine years, nine months, with a non parole period of five years, nine months. Mr Barker was sentenced to terms totalling seven years, five months imprisonment, with a non parole period of three years, nine months. See R v Hall; R v Barker [2016] ACTSC 11. They have both appealed against those sentences. The appeals were heard together and it is convenient to deal with them together.

  1. Mr Hall was also sentenced to six months imprisonment for a breach of a Good Behaviour Order.  He has…

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Details
Case
[2017] ACTCA 16
Decision Date

CaseChat Overview and Summary

Hall and Barker appealed against sentences imposed by the Supreme Court of the Australian Capital Territory following their convictions for aggravated robbery and attempted aggravated robbery. The appeals concerned the application of the totality and parity principles in sentencing co-offenders, and whether the sentences were manifestly excessive, with the sentencing judge having taken into account the appellants' Aboriginality.

The primary legal issues before the Court of Appeal were whether the sentences imposed were demonstrably excessive, and whether the sentencing judge had erred in their application of the totality and parity principles when sentencing the appellants as co-offenders. The court was also required to consider the weight given to the appellants' Aboriginality in the sentencing determination.

The Court of Appeal dismissed the appeals, finding no error in the sentencing judge's approach. The court affirmed that Aboriginality could be a relevant factor in sentencing, provided it was properly considered within the broader sentencing framework. The court was satisfied that the sentencing judge had adequately applied the totality principle, ensuring that the aggregate sentence reflected the seriousness of all offences committed by each appellant, and had also properly considered the parity principle in relation to co-offenders. The court concluded that the sentences were not manifestly excessive.

Orders

Orders of the court

Each of the appeals be dismissed.

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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