J D L v Liam Christopher O'Mahony

J D L v LIAM CHRISTOPHER O’MAHONY [2011] ACTSC 79 (17 MAY 2011)

APPEAL – appeal from the ACT Childrens Court

CRIMINAL LAW – appeal on the ground that insufficient weight was given to pleas of guilty – sentencing Magistrate erred in linking “credit” for appellant’s guilty pleas to his failure to assist police by identifying co-offenders – upheld

CRIMINAL LAW – appeal on the ground that the sentencing Magistrate failed to state the penalty that would otherwise have been imposed but for the pleas of guilty – upheld

CRIMINAL LAW – appeal on the ground that all available sentencing options were not properly regarded – the sentencing Magistrate concluded, after considering other possible sentences, that the only appropriate sentence for each offence was imprisonment – dismissed

CRIMINAL LAW – appeal on the ground that rehabilitation was not properly regarded – the sentencing Magistrate took into account such evidence as she had of the prospects for the appellant’s rehabilitation in the determination of an appropriate sentence – dismissed

CRIMINAL LAW – appeal on the ground that the sentences were manifestly excessive in all the circumstances – dismissed

Crimes (Sentencing) Act 2005 (ACT), ss 7, 10 (2), 33, 35, 37, 133G
Criminal Code 2002 (ACT), ss 310 (a), 324 (1)
Drugs of Dependence Act 1989 (ACT), s 171 (1)

ON APPEAL FROM THE CHILDRENS COURT OF THE AUSTRALIAN CAPITAL TERRITORY

No. SCA 79   of  2010

Judge:  Nield A/J
Supreme Court of the ACT
Date:   17 May 2011

IN THE SUPREME COURT OF THE     )
  )          No. SCA 79 of  2010
AUSTRALIAN CAPITAL TERRITORY )

BETWEEN:J D L

Appellant

AND:             LIAM CHRISTOPHER O’MAHONY
  Respondent

ON APPEAL FROM THE CHILDRENS COURT OF THE AUSTRALIAN CAPITAL TERRITORY

ORDER

Judge:  Nield A/J
Date:  17 May 2011
Place:  Canberra

THE COURT ORDERS THAT:

1. The appeal is dismissed.

1. The conviction and sentences are confirmed.

As to the appeal of JDL:

1. The appellant is JDL.  He was born during 1993.  He committed the offence of aggravated robbery on 23 July 2010, and the offences of possessing property, namely ACT motor vehicle registration plates, reasonably suspected of being stolen or otherwise unlawfully obtained and of possessing a prohibited substance, namely, cannabis, on 4 August 2010, when he was aged 17 years six months.  He is now aged 18 years four months.

1. The offender is the second of his parents’ two children.  He has a brother.  Also, he has two younger step-sisters, who are his mother’s partner’s children.  He has a good relationship with both his parents, albeit that they separated when he was aged four years.  He has an “alright” relationship with his mother’s partner.

1. The appellant’s upbringing is detailed in the pre-sentence report dated

   
   

   22 September 2010, the updated pre-sentence report dated 25 October 2010, and the Forensic Mental Health report dated 29 September 2010, and need not be recited.

1. The appellant’s education is detailed in the pre-sentence report and need not be recited.  Suffice it to say that, although not unintelligent, he was not academically inclined, with…