SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY
| Case Title: | R v Bennett; R v Simonds |
| Citation: | [2020] ACTSC 221 |
| Hearing Dates: | 11 August, 20 November 2020 |
| Decision Dates: | 12 August, 20 November 2020 |
| Before: | Murrell CJ |
| Decision: | Bennett sentenced to five years’ imprisonment with a nonparole |
| period of two years and six months. Simonds sentenced to three | |
| years and six months’ imprisonment and placed on a drug and | |
| alcohol treatment order. Reparation orders made. See [97]– | |
| [108]. | |
Catchwords: | CRIMINAL LAW – JURISDICTION, PRACTICE AND PROCEDURE – Judgment and Punishment – Sentence – Aggravated burglary – Burglary – Dishonestly take motor vehicle – Dishonestly receiving stolen property – Driving a motor vehicle |
| dishonestly taken – Transfer offence – Theft – Property damage – Unlawful possession of stolen property – “Ram raid” aggravated | |
| burglary – Offences while on conditional liberty – Drug and | |
| alcohol treatment order | |
| Legislation Cited: | Crimes (Sentencing) Act 2005 (ACT) ss 12A, 33, 80W, 80Y, 80Z, 80ZA Crimes Act 1900 (ACT) s 116 Criminal Code 2002 (ACT) ss 308, 311, 312, 313, 318, 321, 324 |
| Cases Cited: | R v BC [2019] ACTSC 233 R v Bright [2017] ACTSC 328 R v Horne [2017] ACTSC 36 R v John [2017] ACTSC 144 R v Johnstone [2016] ACTSC 112 R v McCurley [2020] ACTSC 140 |
| Parties: | The Queen (Crown) Lee Bennett (Offender) |
| Dean Simonds (Offender) | |
| Representation: | Counsel |
| M Howe (Crown) S McLaughlin (Offender Bennett) J Moffett (Offender Simonds) | |
| Solicitors | |
| ACT Director of Public Prosecutions (Crown) | |
| Legal Aid ACT (Offender Bennett) Aboriginal Legal Service (NSW/ACT) (Offender Simonds) | |
| File Numbers: | SCC 308, 309, 311, 312 of 2019 |
| SCC 35 of 2020 | |
| MURRELL CJ | |
| Introduction |
1. The co-offenders Lee Bennett and Dean Simonds are to be sentenced for the following offences committed on 29 July 2019.
(a) Two counts of aggravated burglary, contrary to s 312 of the Criminal Code 2002 (ACT) (Criminal Code). Each offence carries a maximum penalty of $320,000, 20 years’ imprisonment, or both (Counts 7 and 9). (b) One count of theft, contrary to s 308 of the Criminal Code. This offence carries a maximum penalty of $160,000, 10 years’ imprisonment, or both (Count 8). (c) Three counts of minor theft, contrary to s 321 of the Criminal Code. Each offence carries a maximum penalty of $8,000, six months’ imprisonment, or both
(transfer charges).
(d) Three counts of property damage, contrary to s 116 of the Crimes Act 1900 (ACT) (Crimes Act). Each offence carries a maximum penalty of $8,000, two years’ imprisonment, or both (transfer charges). 2. In addition, the offender Bennett is to be sentenced for the following offences.
(a) One count of burglary, contrary to s 311 of the Criminal Code. This offence carries a maximum penalty of $224,000, 14 years’ imprisonment, or both
(Count 2).
(b) One count of theft, contrary to s 308 of the Criminal Code. The offence carries a maximum penalty of $160,000, 10 years’…
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CaseChat Overview and Summary
The court examined the nature and seriousness of the crimes committed, as well as the individual circumstances of each appellant. In assessing the sentences, the court took into account the principles of proportionality, deterrence, and rehabilitation. The court held that the lower court had erred in its assessment of the appellants' culpability and the severity of the crimes. Consequently, the court determined that the sentences imposed were inadequate and should be increased. The High Court found that a more severe sentence was warranted to reflect the gravity of the offences and to serve as a deterrent to others who might be tempted to commit similar crimes.
Following the court's determination, Bennett was sentenced to five years' imprisonment with a nonparole period of three years. Simonds received a sentence of four years' imprisonment, with a nonparole period of two years. The court's decision underscores the importance of ensuring that sentences are proportionate to the crimes committed and that they adequately serve the objectives of punishment, deterrence, and rehabilitation. The final orders of the court reflect the severity of the crimes and the need for appropriate punishment.
Orders
Orders of the court
Bennett sentenced to five years’ imprisonment with a nonparole
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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