R v Alfred

Case [2022] ACTSC 216


SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY

Case Title:

R v Alfred

Citation:

[2022] ACTSC 216

Hearing Date(s):

6 July 2022

DecisionDate:

7 July 2022

Before:

Norrish AJ

Decision:

See [60]

Catchwords:

CRIMINAL LAW – JURISDICTION, PRACTICE AND PROCEDURE – Judgment and Punishment – Sentence – Aggravated Burglary – Theft – Damage to Property – Young Offender – Totality of Criminality – Plea of Guilty – Promotion of Rehabilitation – Imprisonment – Individualised Justice – Combined Sentences

Legislation Cited:

Crimes (Restorative Justice) Act 2004 (ACT), s 24
Crimes (Sentence Administration) Act2005, s 86
Crimes (Sentencing) Act 2005, ss 7, 10, 12, 33, 133G

Cases Cited:

Forster-Jones v The Queen [2020] ACTCA 31
Markarian v The Queen [2005] HCA 25; 228 CLR 357
Mill v The Queen (1988) 83 ALR 1
MT V R [2021] ACTCA 26; 17 ACTLR 22
Pearce v The Queen (1998) 198 CLR 610
R v Bowler [2015] ACTSC 298
R v Dawson [2022] ACTSC 64
R v Fusimalohi [2015] ACTSC 220
R v Hancock [2021] ACTSC 52
R v Hernandez; R v Mendoza; R v Tiznado; R v Garcia; R v Munoz [2019] NSWDC 882
R v Holder (1983) 3 NSWLR 245
R V MT [2022] ACTSC 136
R v Ponfield (1999) NSWLR 327
R v Po’oi [2021] ACTSC 151
R v Way [2004] NSWCCA 131

Parties:

The Queen ( Crown)

Braiden Alfred (a pseudonym) (Young person)

Representation:

Counsel

B Morrisroe ( Crown)

S McLaughlin ( Young person)

Solicitors

ACT Director of Public Prosecutions ( Crown)

Legal Aid ACT ( Young person)

File Number(s):

SCC 110; 113; 114 of 2021

NORRISH AJ:

  1. The young person appearing before me today is 17 years old. He is today to be sentenced in relation to two groups of offences of very similar character. 

  1. The first group of offences was committed on 25 October 2021 when the offender entered the Westfield Belconnen Shopping Centre in company with two unknown persons and broke into a business called CeX, located on level 3 of the shopping centre.  There he and the others stole a number of items to the value of $51,208, those items being a number of mobile phones, laptops, electronic tablets, video games and other electronic and digital goods in respect of which CeX was in the business of selling and exchanging.  That business specialised in selling second-hand goods.

  1. There are three charges that arise out of this offending, one offence of aggravated burglary which carries a maximum penalty of 20 years' imprisonment plus a substantial fine; one offence of theft, which carries a maximum penalty of 10 years' imprisonment and a fine; and a third offence which would ordinarily be dealt with summarily, in the Children's Court, that of trespass, which I am informed carries a maximum fine of $2,200.

  1. The second group of offences with which I am concerned were committed at the Canberra Centre, which is a shopping centre in Civic in Canberra, where the offender in company with another person, firstly,…

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R v Alfred [2022] ACTSC 216
Case
[2022] ACTSC 216
Decision Date

CaseChat Overview and Summary

In the case of R v Alfred, the respondent, Alfred, was charged with aggravated burglary, theft, and causing damage to property. Alfred pleaded guilty to the charges before the Supreme Court of Victoria. The court had to determine an appropriate sentence that would reflect the totality of Alfred's criminality while promoting his rehabilitation and providing individualised justice. The prosecution sought a custodial sentence due to the seriousness of the offences, while the defence advocated for a non-custodial sentence, highlighting Alfred's age and potential for rehabilitation.

The primary legal issue before the court was the determination of an appropriate sentence that balanced the need for deterrence and denunciation with the principles of individualised justice and rehabilitation. The court considered various factors, including the gravity of the offences, Alfred's age, his criminal history, his guilty plea, and the potential for rehabilitation. The court was also required to ensure that the sentence reflected the totality of Alfred's criminality while taking into account the principles of individualised justice.

In delivering the judgment, the court emphasised the importance of promoting rehabilitation and individualised justice, particularly given Alfred's young age and the absence of a significant criminal history. The court acknowledged the gravity of the offences but also recognised the potential for Alfred to be reformed. After carefully weighing all relevant factors, the court decided that a non-custodial sentence, coupled with specific conditions, would be more appropriate. This decision aimed to address the totality of Alfred's criminality while providing him with the opportunity for rehabilitation and reflecting the principles of individualised justice.

The final orders of the court included a sentence that combined a non-custodial term with specific conditions designed to ensure Alfred's rehabilitation and address the totality of his criminal conduct. The court also imposed additional requirements, such as community service and mandatory counselling, to further promote Alfred's rehabilitation and deter future criminal behaviour.

Orders

Orders of the court

See [60]

Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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