NC v The Queen

[2017] ACTCA 31

SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY
COURT OF APPEAL

Case Title:

NC v The Queen

Citation:

[2017] ACTCA 31

Hearing Date:

9 May 2017

DecisionDate:

31 July 2017

Before:

Murrell CJ, Mossop and Wigney JJ

Decision:

Appeal allowed. See [84]–[90].

Catchwords:

APPEAL – CRIMINAL LAW – appeal against sentence – armed robbery – riding in vehicle without authority – breach of good behaviour recognizance and resentence for suspended sentence – totality principle – whether sentence manifestly excessive

Legislation Cited:

Crimes Act 1900 (ACT) ss 101 (repealed), 129(1) (repealed)

Crimes (Sentence Administration) Act 2005 (ACT) ss 243, 244
Crimes (Sentencing) Act 2005 (ACT) ss 6, 7, 10, 63, 65, 66
Criminal Code 2002 (ACT)

Prisoners (Interstate Transfer) Act 1982 (NSW)

Cases Cited:

Blanco v The Queen [1999] NSWCCA 121; 106 A Crim R 303

Bugmy v The Queen [2013] HCA 37; 249 CLR 571
Dalton v The Queen [2015] ACTCA 48
Douglas v The Queen (1995) 56 FCR 465
Frahm v The Queen [2014] NSWCCA 10
Hili v The Queen [2010] HCA 45; 242 CLR 520
Mill v The Queen (1988) 166 CLR 59
R v Henry [1999] NSWCCA 111; 106 A Crim R 149
R v Pham [2015] HCA 39; 256 CLR 550
R v Todd [1982] 2 NSWLR 517

Wong v The Queen [2001] HCA 64; 207 CLR 584

Parties:

N C (Appellant)

The Queen (Respondent)

Representation:

Counsel

Mr K Archer (Appellant)

Mr J White SC (Respondent)

Solicitors

Legal Aid ACT (Appellant)

ACT Director of Public Prosecutions (Respondent)

File Number:

ACTCA 42 of 2016

Decision under appeal: 

Court/Tribunal:             ACTSC

Before:  Elkaim J

Date of Decision:          25 August 2016

Case Title:  R v NC

Citation: [2016] ACTSC 245

THE COURT:

1. On 30 December 2001, the appellant entered a TAB betting store in Dickson in the ACT.  He threatened a staff member with a gun and stole $36,000, before fleeing in a stolen vehicle.

1. On 25 May 2016, over fourteen years after he had committed the offences, the appellant pleaded guilty to one count of armed robbery contrary to s 101 of the Crimes Act 1900 (ACT) (Crimes Act) and one count of riding in a vehicle without authority contrary to s 129(1) of the Crimes Act.  

1. The appellant was sentenced by Elkaim J on 25 August 2016.  Relevantly, at the time that he committed the offences, the appellant was on a good behaviour recognizance for a separate armed robbery committed in the ACT in 1997.  Miles CJ handed down a four year suspended sentence for that armed robbery on 10 May 2001, on condition that the appellant enter into the good behaviour recognizance.  The sentencing judge was therefore required to re-sentence the appellant in respect of the earlier separate armed robbery.

1. The appellant was sentenced to a total head sentence of ten years’ imprisonment with a nonparole period of six years.  The appellant was in custody in the ACT at the time of sentencing, having been transferred…