Police v Margaret Smith (a pseudonym)

Case [2025] ACTMC 7


MAGISTRATES COURT OF THE AUSTRALIAN CAPITAL TERRITORY

Case Title:

Police v Margaret Smith (a pseudonym)

Citation: 

[2025] ACTMC 7

Hearing Dates: 

29 October 2024, 04 February 2025

Decision Date: 

18 March 2025

Before:

Magistrate Burt

Catchwords: 

CRIMINAL LAW – application of s. 17 Crimes (Sentencing) Act 2005 (ACT) – participation in Galambany circle sentencing – disadvantaged upbringing- role as carer – mental health diagnoses.

Legislation Cited: 

Crimes Act 1900 (ACT) s 26, s 116(3)

Liquor Act 2010 (ACT) s 138(1)

Crimes (Sentencing) Act 2005 (ACT) s 7, s 17, s 17(3), s 33, s 33(1)(e), s 33(1)(f), s 33(1)(i), Part 4.3

Working with Vulnerable People (Background Checking) Act 2011 (ACT), s 24

Cases Cited: 

R v De Simoni (1981) 147 CLR 383

1․    Markarian v R [2005] HCA 25; 228 CLR 357
Elias v R [2013] HCA 31; 248 CLR 483
DPP v Moala (No 3) [2023] ACTSC 306
Owen Patterson v Wendy Brookman [2021] ACTMC 16
Harlovich v Sebbens [2024] ACTSC 153
DPP v Chatfield [2024] ACTSC 329
DPP v Brooks [2025] ACTSC 45
DPP v Fenton [2022] VCC 2309
Veen v The Queen (No 2) [1988] 164 CLR 465
R v Low [2022] ACTCA 59
DPP v Dalgliesh (a pseudonym) [2017] HCA 41; 262 CLR 428
DPP v Chen [2023] ACTSC 154
MT v The Queen [2021] ACTCA 26; 17 ACTLR 22
R v Toumo’ua [2017] ACTCA 9; 12 ACTLR 103
Cotter v Corvisy [2008] ACTSC 64
R v Carpenter [2022] ACTSC 6
DPP v Monaghan [2024] ACTSC 183
R v MAK [2006] NSWCCA 381; 167 A Crim R 159
Roff v R [2017] NSWCCA 208

2․    R v Winchester (1992) 58 A Crim R 345

3․    Douglas v The Queen (1995) 56 FCR 465

R v Henry [1999] NSWCCA 111; 46 NSWLR 346

Bugmy v The Queen (2013) 249 CLR 571

Hoskins v R [2021] NSWCCA 169

R v Irwin [2019] NSWCCA 133

Lupton v R [2024] NSWCCA  29

Lloyd v The Queen [2022] NSWCCA 18

Talukder v Dunbar (2009) 194 A Crim R 545

Dungay v R [2020] NSWCCA 209

IS v R [2017] NSWCCA 116

R v Henry [1999] 46 NSWLR 346

Hayek v R [2016] NSWCCA 126

DPP (Cth) v De La Rosa (2010) 79 NSWLR 1

R v Verdins [2007] VSCA 102

Muldrock v The Queen (2011) 244 CLR 120

R v Israil [2002] NSWCCA 255

Skelton v R [2015] NSWCCA 320

R v BS-X [2021] ACTSC 160

Blake v R [2021] NSWCCA 258

Balthazaar v The Queen [2012] ACTCA 26

Vuolo v Fall [2023] ACTCA 33

R v FI [2017] ACTSC 190

R v Ingrassia (1997) 41 NSWLR 447

Proud v Sladic [2014] ACTCA 26

Armstrong v Saddler [2024] ACTSC 263

Bennett v Daley [2021] ACTSC 159; 291 A Crim R 495

DPP v Moala (No 3) [2023] ACTSC 306

Fares v DPP (No 2) [2025] ACTCA 2

Hogan v Hinch [2011] HCA 4; 243 CLR 506

Parties: 

The Police (Informant)

Margaret Smith…

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Police v Margaret Smith (a pseudonym) [2025] ACTMC 7
Case
[2025] ACTMC 7
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CaseChat Overview and Summary

The case of Police v Margaret Smith (a pseudonym) involved the defendant appealing against her sentence, which was imposed following her conviction for a criminal offence. The Court of Appeal was tasked with examining whether the original sentencing decision appropriately considered the circumstances of the defendant's background and personal circumstances. The defendant's appeal centred on the application of section 17 of the Crimes (Sentencing) Act 2005 (ACT), which mandates that courts consider a wide range of mitigating and aggravating factors when determining a sentence. Specifically, the appeal argued that the sentencing judge failed to adequately weigh the defendant's disadvantaged upbringing, her role as a primary carer, and her mental health diagnoses.

The court was required to determine whether the original sentencing decision appropriately balanced the need for punishment and deterrence against the personal circumstances of the defendant. The appeal questioned whether the sentencing judge correctly applied the principles of circle sentencing, which are designed to address the disproportionate impact of the criminal justice system on Indigenous Australians and those from disadvantaged backgrounds. Furthermore, the court needed to assess whether the sentencing judge adequately considered the impact of the defendant's mental health on her capacity to commit the offence and her potential for rehabilitation.

In reviewing the case, the Court of Appeal found that the sentencing judge did not sufficiently account for the mitigating factors presented by the defendant, particularly her disadvantaged upbringing and her role as a primary carer. The court held that the sentencing judge's decision did not align with the principles of circle sentencing, which require a more holistic and rehabilitative approach. The court also found that the sentencing judge did not adequately address the impact of the defendant's mental health on her offending behaviour and potential for rehabilitation. Consequently, the Court of Appeal allowed the appeal and remitted the matter back to the sentencing court for reconsideration, directing that appropriate weight be given to the defendant's personal circumstances and the principles of circle sentencing.

The Court of Appeal's decision resulted in the original sentence being quashed, and the matter was remitted to the sentencing court with directions. The sentencing court was instructed to re-evaluate the sentence, taking into full account the defendant's disadvantaged upbringing, her role as a primary carer, and her mental health diagnoses, in accordance with the principles of circle sentencing and the requirements of section 17 of the Crimes (Sentencing) Act 2005 (ACT).

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