SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY
Case Title: | R v Blackburn; R v QH |
Citation: | [2021] ACTSC 284 |
Hearing Date: | 29 October 2021 |
DecisionDate: | 29 October 2021 |
Before: | Elkaim J |
Decision: | See [62]–[63] |
Catchwords: | CRIMINAL LAW – JURISDICTION, PRACTICE AND PROCEDURE – Judgment and Punishment – Sentence – forcible confinement – co-offenders – extreme subjective circumstances |
Legislation Cited: | Crimes Act 1900 (ACT) ss 26A, 34 Crimes (Sentencing) Act 2005 (ACT) s 72 Criminal Code 2002 (ACT) s 318(2) |
Cases Cited: | Bugmy v The Queen [2013] HCA 37; 249 CLR 571 R v Blackburn (No 1) [2020] ACTSC 373 |
Parties: | The Queen ( Crown) Jake Blackburn ( Offender) QH ( Offender) |
Representation: | Counsel M Howe ( Crown) J De Bruin ( Offender – Blackburn) R Baldeo ( Offender – QH) |
| Solicitors ACT Director of Public Prosecutions ( Crown) Legal Aid ACT ( Offender – Blackburn) Hugo Law Group ( Offender – QH) | |
File Numbers: | SCC 207 of 2021 SCC 209 of 2021; 210 of 2021; 105 of 2020; 106 of 2020; 107 of 2020 |
ELKAIM J:
Mr Blackburn and QH pleaded guilty, on 7 September 2021, to the offence of forcible confinement contrary to s 34 of the Crimes Act 1900 (ACT). The maximum penalty is 10 years imprisonment. In addition Mr Blackburn pleaded guilty to dishonestly driving a stolen motor vehicle contrary to s 318(2) of the Criminal Code 2002 (ACT). The maximum penalty is five years imprisonment and/or a fine of $80,000.
QH is also to be sentenced for assaulting a frontline community service provider contrary to s 26A of the Crimes Act1900 (ACT). The maximum penalty is two years imprisonment. Finally, he needs to be dealt with for breach of sentences imposed by Murrell CJ on 7 July 2020.
The person confined by the two offenders was Mr William Amy. Details of the offences can be found in the Agreed Statement of Facts, included in Exhibit A. The following is a summary.
In late March 2021 a red Suzuki GYA SX4 was stolen. On 6 April 2021 this vehicle, driven by Mr Blackburn, played an integral part in the confinement of Mr Amy.
On the latter date the two offenders made contact with Mr Amy at the Lanyon Marketplace. Mr Amy, owed the offenders $75 in relation to a drug debt. He was a day late in complying with his repayment schedule.
After some discussion the offenders instructed Mr Amy to sit in the rear seat of the Suzuki. The offenders demanded Mr Amy to give them his mobile phone and password. The phone was grabbed from Mr Amy and after some persuasion he disclosed the password.
The offenders examined the phone and discovered that Mr Amy had…
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- Case
- [2021] ACTSC 284
- Decision Date
CaseChat Overview and Summary
The final orders of the court were that Blackburn is sentenced to 32 months imprisonment for forcible confinement, 3 months imprisonment for driving a stolen motor vehicle, and 3 months imprisonment for assaulting a frontline community service provider. QH is sentenced to 2 years imprisonment for breach of the Good Behaviour Orders, 12 months imprisonment for forcible confinement, and 3 months imprisonment for assaulting a frontline community service provider. The previous non-parole period set to expire on 18 March 2022 is set aside, and a new non-parole period is set to expire on 13 February 2024. A non-parole period for the offence of forcible confinement of six months is set to commence on 25 April 2023 and end on 24 October 2023.
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Decision
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