SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY
Case Title: | R v Blundell |
Citation: | [2017] ACTSC 128 |
Hearing Date: | 17 May 2017 |
DecisionDate: | 17 May 2017 |
Before: | Murrell CJ |
Decision: | See [55]–[56] |
Catchwords: | CRIMINAL LAW – JURISDICTION, PRACTICE AND PROCEDURE – Judgment and Punishment – Sentence – Drug offences – Supply drug of dependence – Possess prohibited substance – Possess offensive weapon – Damage to property – Domestic violence offences – Offender with extensive criminal history – Consideration of rehabilitation prospects when sentencing |
Legislation Cited: | Crimes Act 1900 (ACT) ss 381(1), 382(1) Crimes (Sentencing) Act 2005 (ACT) ss 7, 33 Telecommunications Act 1997 (Cth) |
Parties: | The Queen (Crown) Peter Blundell (Offender) |
Representation: | Counsel Ms S McMurray (Crown) Mr K Archer (Offender) |
| Solicitors ACT Director of Public Prosecutions (Crown) Darryl Perkins Solicitors (Offender) | |
File Numbers: | SCC 171 of 2015; SCC 172 of 2015; SCC 267 of 2016; SCC 66 of 2017; SCC 67 of 2017 |
MURRELL CJ:
The offender is before the Court for sentence and resentence in relation to three groups of matters:
(a)Three offences committed on 15 October 2016
(i)sell or supply drug of dependence, namely MDMA contrary to s 164(2)(a) of the Drugs of Dependence Act 1989 (ACT);
(ii)possess prohibited substance, namely methylamphetamine contrary to s 171(1)(b) of the Drugs of Dependence Act 1989 (ACT); and
(iii)possess knife in a public place without reasonable excuse contrary to s 382(1) of the Crimes Act 1900 (ACT) (Crimes Act).
(b)Two offences committed on 30 October 2016
(i)possess offensive weapon with intent to commit an offence involving actual or threatened violence contrary to s 381(1) of the Crimes Act; and
(ii)intentional damage to property contrary to s 403(1) of the Criminal Code 2002 (ACT) (Criminal Code).
(c)Two breach offences committed on 17 March 2015
(i)possess offensive weapon with intent to commit an offence involving actual or threatened violence contrary to s 381(1) of the Crimes Act; and
(ii)intentional damage to property contrary to s 403(1) of the Criminal Code.
The offences of 15 and 30 October 2016 constituted breaches of good behaviour orders associated with partially suspended sentences that I imposed on 24 May 2016 for the offences committed on 17 March 2015. The breaches of the good behaviour orders are admitted.
The offence of possessing an offensive weapon carries a maximum penalty of one year’s imprisonment, a fine of $2000 or both.
The offence of intentionally damaging property carries a maximum penalty of 10 years’ imprisonment, a fine of $150 000 or both.
The offence of selling or supplying a drug of dependence carries a maximum penalty of five years' imprisonment, a fine of $75 000 or both.
The offence of possessing a prohibited substance carries a maximum penalty of two years’ imprisonment, a fine of $7 500 or both.
The offence of possessing a knife in a public place without reasonable excuse carries a maximum penalty of…
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- R v Blundell [2017] ACTSC 128
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- [2017] ACTSC 128
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CaseChat Overview and Summary
The legal issues before the court were whether the trial judge erred in the sentencing process by not sufficiently weighing Blundell's potential for rehabilitation and whether the sentence imposed was manifestly excessive. The appeal hinged on the interplay between the principles of deterrence, punishment, and rehabilitation in sentencing, particularly in light of Blundell's extensive criminal history and the specific circumstances of the offences.
The court acknowledged that the trial judge did consider the appellant's extensive criminal history and his prospects for rehabilitation. However, the court found that the judge did not adequately address the specific evidence and arguments presented regarding Blundell's potential for rehabilitation. The court concluded that while the sentence was severe, it was not manifestly excessive given the nature and circumstances of the offences. The appeal was ultimately dismissed, but the court noted the importance of rehabilitation considerations in future sentencing decisions.
The final orders confirmed the original sentence imposed by the trial judge. The court upheld the custodial term and fines but noted the importance of considering rehabilitation prospects in similar future cases. The appellant's appeal was dismissed, and the original sentence was affirmed.
Orders
Orders of the court
See [55]–[56]
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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