KE v Armstrong
[2018] ACTSC 184
•5 March 2018
SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY
Case Title: | KE v Armstrong |
Citation: | [2018] ACTSC 184 |
Hearing Date: | 5 March 2018 |
DecisionDate: | 5 March 2018 |
Before: | Burns J |
Decision: | See [2]-[5] |
Catchwords: | PRACTICE AND PROCEDURE – Appeal against sentence – whether the sentences imposed by the magistrate were manifestly excessive – penalties imposed upon co-offenders – re-sentence |
Parties: | KE (Appellant) Liam Armstrong (Respondent) |
Representation: | Counsel Mr R Davies (Appellant) Mr M Fernandez (Respondent) |
| Solicitors Legal Aid ACT (Appellant) ACT Director of Public Prosecutions (Respondent) | |
File Number: | SCA 80 of 2017 |
Decision under appeal: | Court: ACT Magistrates Court Before: Chief Magistrate Walker Date of Decision: 23 October 2017 Case Title: Liam Armstrong v [KE] Court File Number: CH 321 of 2017 |
BURNS J:
I am satisfied that the sentences imposed by the magistrate were manifestly excessive, and particularly so when one bears in mind the penalties that were imposed upon the co-offenders, even bearing in mind a slightly different degree of culpability with respect to the appellant with respect to the first offence of aggravated robbery and the difference in criminal histories between the appellant and his co-offenders.
The sentences for the offences of aggravated robbery and attempted aggravated robbery will be set aside.
I will confirm the convictions that were imposed by the magistrate.
With respect to each of those offences, the appellant will be sentenced to five months’ imprisonment, which I have reduced from six months in order to reflect the 25 days that he has already spent in custody. I would prefer to deal with the matter that way rather than imposing a sentence of six months' imprisonment, backdating it from today, 5 March 2018, and suspending it partially. The sentences of five months' imprisonment will be wholly suspended.
There will be a Good Behaviour Order for a period of two years from today, 5 March 2018, with the following conditions:
(a)that he is to accept the supervision of the Director-General or that person's delegate for a period of 18 months or such lesser period as deemed appropriate by his supervising officer;
(b)secondly, he is to obey all reasonable directions of the Director-General or her delegate, including residing as directed and undertaking such educational and/or vocational courses as directed by the director-general or her delegate; and
(c)finally, he is to undertake such counselling and/or treatment as directed by the Director-General or her delegate.
[speaking directly to appellant]
You have heard what has happened. I have set aside the sentences that were imposed by the magistrate. The magistrate quite correctly viewed these offences as being serious, and certainly there is material in the Pre-Sentence Report and other material that was put before her which is cause for concern about your behaviour over this period of time in which you were involved not only in these offences but also in other offences.
On the other hand, there is plenty of material there to suggest that you have the ability to be a well-educated, hardworking member of the community who provides not only for themselves but also puts something back into the community. Now, I am giving you an opportunity to demonstrate that you are able to work with Youth Justice in the community in order to enhance the prospects of being such a person and avoiding further offending.
Now, the ball is back in your court. You have still got sentences of five months' imprisonment or essentially imprisonment in a juvenile institution hanging over your head. You do not have to serve those sentences if you comply with the requirements that I have made.
| I certify that the preceding eight [8] numbered paragraphs are a true copy of the Reasons for Sentence his Honour Justice Burns. Associate: Date: 5 July 2018 |
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