R v Aldridge
[2018] ACTSC 51
•20 February 2018
SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY
Case Title: | R v Aldridge |
Citation: | [2018] ACTSC 51 |
Hearing Date: | 20 February 2018 |
DecisionDate: | 20 February 2018 |
Before: | Elkaim J |
Decision: | See [14] |
Catchwords: | CRIMINAL LAW – JURISDICTION, PRACTICE AND PROCEDURE – Judgment and Punishment – Sentence – theft – receiving – dishonestly receives stolen property |
Legislation Cited: | Crimes (Sentencing) Act 2005 (ACT) ss 6, 7, 10 and 66 |
Cases Cited: | Bugmy v The Queen [2013] HCA 37; 249 CLR 571 |
Parties: | The Queen (Crown) Edward Aldridge (Offender) |
Representation: | Counsel Mr M Fernandez (Crown) Mr R Davies (Offender) |
| Solicitors ACT Director of Public Prosecutions (Crown) Legal Aid ACT (Offender) | |
File Numbers: | SCC 220 of 2017; SCC 221 of 2017 |
ELKAIM J:
On 11 December 2017, the offender pleaded guilty to a charge of receiving. This is an indictable offence, carrying a maximum penalty of 10 years’ imprisonment.
The next day, he pleaded guilty to four charges of theft, which have been transferred from the Magistrates Court for sentencing together with the receiving charge. Each offence of theft also carries a maximum penalty of 10 years’ imprisonment.
The offender was born in 1989 and is now 28 years of age. When one looks at his background, as set out in the Pre-Sentence Report, one is forced to ask: what chance did this young man ever have to live a normal life? His parents introduced him to drugs at a young age. He commenced alcohol and drug use in his early years and has an extensive criminal history. His criminal history includes many offences similar to that for which he is being dealt with today.
The offences were committed while the offender was either on parole or subject to bail conditions.
The theft charges all arise from the offender entering an establishment called Mooseheads by the back door and stealing four wallets.
The receiving charge concerns the offender’s receipt of some stolen property, which does not appear to be particularly valuable.
Individually, each of the offences might be described as being just a bit above minor objective severity.
The offender’s criminal record makes the sentencing exercise difficult. The fact that the offender may have been under the influence of alcohol at the time does not assist him. However, as Bugmy v The Queen [2013] HCA 37; 349 CLR 571 illustrates, one can take a person’s background into account as part of the sentencing process.
It is also relevant to consider the objects and purposes of sentence, as set out in ss 6 and 7 of the Crimes (Sentencing) Act 2005 (ACT). Section 10 of that Act also states that the court should only sentence an offender to a term of imprisonment if no other penalty is appropriate. Unfortunately, as has been conceded in this case, there really is no other alternative to imprisonment.
The offender has been in custody for 158 days in relation to these offences. Any sentence that I impose will, accordingly, be backdated to 15 September 2017. I agree with Mr Davies’ submission regarding totality. The four thefts should be considered as part of a single enterprise and each individual sentence should be concurrent. However, I think that there needs to be at least a degree of accumulation in respect of the receiving offence.
The offender is also entitled to a discount for his plea of guilty. I accept that he has expressed some remorse and regret for what he has done. There is also some evidence that he is trying to deal with his many issues, both in relation to drugs and alcohol, and that he is making real efforts to find employment. Rehabilitation is an important consideration.
I must also consider the need for specific and general deterrence.
I note that it is necessary for me to reset the non-parole period previously set, pursuant to s 66 of the Crimes (Sentencing) Act 2005 (ACT).
I make the following orders:
(a)In respect of count 1, receiving (XO 2017/31267), the offender is sentenced to 24 months’ imprisonment commencing on 15 September 2017 and ending on 14 September 2019.
(b)In respect of the offence of theft (CC 17/11468), the offender is sentenced to 6 months’ imprisonment commencing on 15 June 2019 and ending on 14 December 2019.
(c)In respect of the offence of theft (CC 17/11469), the offender is sentenced to 6 months’ imprisonment commencing 15 June 2019 and ending on 14 December 2019.
(d)In respect of the offence of theft (CC 17/11470), the offender is sentenced to 6 months’ imprisonment commencing 15 June 2019 and ending on 14 December 2019.
(e)In respect of the offence of theft (CC 17/11471), the offender is sentenced to 6 months’ imprisonment commencing 15 June 2019 and ending on 14 December 2019.
(f)I impose a non-parole period of 18 months to commence on 15 September 2017 and end on 14 March 2019.
(g)Pursuant to s 66 of the Crimes (Sentencing) Act 2005 (ACT), the Non-Parole Period is reset to end on 14 March 2019.
| I certify that the preceding fourteen [14] numbered paragraphs are a true copy of the Reasons for Sentence his Honour Justice Elkaim. Associate: Date: 5 March 2018 |
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