R v Brown
[2020] ACTSC 252
•28 July 2020
SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY
Case Title: | R v Brown |
Citation: | [2020] ACTSC 252 |
Hearing Dates: | 5 February; 5 May; 7 July; 28 July 2020 |
DecisionDate: | 28 July 2020 |
Before: | Burns J |
Decision: | See [12]–[21] |
Catchwords: | CRIMINAL LAW – JURISDICTION, PRACTICE AND PROCEDURE – Judgment and Punishment – Sentence – obtaining property by deception – taking a motor vehicle without consent – use of offensive weapon – minor theft – making a threat to kill – two counts aggravated robbery – pleas of guilty – consideration of youth and disadvantaged upbringing of offender – consideration of Intensive Correction Order |
Legislation Cited: | Crimes Act 1900 (ACT) ss 27(3)(c), 30 |
Parties: | The Queen (Crown) Keira Brown (Offender) |
Representation: | Counsel S McFarland (Crown) A Doig (Offender) |
| Solicitors ACT Director of Public Prosecutions (Crown) Darryl Perkins Solicitors (Offender) | |
File Numbers: | SCC 301 of 2019; SCC 9 of 2019; SCC 10 of 2019 |
BURNS J:
Keira Brown, you are before the Court today for sentencing with respect to offences of obtaining property by deception, taking a motor vehicle without consent, use of an offensive weapon, minor theft, making a threat to kill and two offences of
aggravated robbery.
The offence of obtaining property by deception, contrary to s 326 of the
Criminal Code 2002(ACT) (the Criminal Code), carries a maximum penalty of
10 years' imprisonment, a fine of $160,000, or both. The offence of taking a motor vehicle without consent, contrary to s 318(1) of the Criminal Code, carries a maximum penalty of five years' imprisonment, a fine of $80,000, or both. The offence of using an offensive weapon, contrary to s 27(3)(c) of the Crimes Act 1900 (ACT)
(the Crimes Act), carries a maximum term of imprisonment of 10 years. The offence of minor theft, contrary to s 321 of the Criminal Code, carries a maximum term of
six months' imprisonment, a fine of $8,000, or both. The offence of making a threat to kill, contrary to s 30 of the Crimes Act, carries a maximum penalty of
10 years' imprisonment. Each of the offences of aggravated robbery, contrary to
s 310(a) of the Criminal Code, carries a maximum penalty of 25 years' imprisonment, a fine of $400,000, or both.
An Agreed Statement of Facts was tendered at the sentence hearing and I do not propose to recite those facts. Suffice it to say that all of the offences are serious offences, warranting the imposition of terms of imprisonment, as submitted by the Crown. Indeed, I do not understand Mr Doig, on your behalf, to have submitted otherwise.
You have a reasonably substantial criminal history [redacted] in the ACT and in
New South Wales. That criminal history disentitles you to leniency in sentencing for the present offences. I have read the Victim Impact Statements and I take cognisance of the contents of those statements. It is clear that your offending has had significant effect upon your victims.
Subjective features
Turning to your subjective features, you are now 20 years of age and you have been involved in the preparation of two assessments for Intensive Corrections Orders. I note from the material provided in those Assessments that you have a previous history of non-compliance with community-based orders.
It is, however, heartening to note that there has been an improvement in your behaviour whilst in custody on this occasion. It is very heartening to note that you have had a number of alcohol and drug tests during your period in custody which have proven to be negative.
Your childhood was marred by instability [redacted]. You say that you were subjected to verbal abuse [redacted]. You became [redacted].
You commenced alcohol and cannabis abuse at age 13 years. You also started using methamphetamines at that age. Many of your previous offences were committed to obtain drugs. It is again heartening to note that you were able to remain abstinent for a period of 10 months when you were 17 years old.
It is quite clear that your offending behaviour is linked very strongly with your drug and alcohol abuse and also with your choice of associates. Ordinarily the fact that an offender commits an offence either whilst intoxicated by alcohol or drugs or in order to obtain alcohol or drugs is not significantly mitigatory. Some amelioration of that principle, however, is warranted in circumstances such as these, where the offender came into contact with and began using alcohol and illicit drugs at a very early age. In those circumstances, the offender is not held to be as culpable for the consequences of addiction as they would have been if they had commenced using illicit drugs as an adult.
The Crown has rightly pointed to the fact that punishment and deterrence are the significant sentencing considerations when one sentences offenders ordinarily for offences of this nature. However, rehabilitation must in the present circumstances also be a significant sentencing consideration because of your age and your disadvantaged upbringing.
There can be no greater advantage to the community than in assisting somebody of your age away from drug and alcohol abuse and consequently, away from criminal offending. In my opinion, as I indicated at the outset of these sentencing comments, the appropriate way to proceed is to impose a series of sentences of full-time imprisonment to allow for the period that you have spent in custody prior to sentencing, and then to impose sentences to be served by way of Intensive Correction Order, commencing today, 28 July 2020.
Sentence
With regard to the offence of obtaining property by deception, CC2019/9975, you will be convicted and you will be sentenced to seven months' imprisonment, which I have reduced from 10 months in order to reflect your plea of guilty, commencing on
10 September 2019 and expiring on 9 April 2020.
With regard to the offence of taking a motor vehicle without consent, CC2019/9972, you are convicted and sentenced to six months' imprisonment, which I have reduced from eight months because of your plea of guilty, commencing on 10 September 2019 and expiring on 9 March 2020.
With regard to the charge of using an offensive weapon, CC2019/9974, you are convicted and sentenced to nine months' imprisonment, which I have reduced from
12 months because of your plea of guilty, commencing on 10 September 2019 and expiring on 9 June 2020.
With regard to the offence of minor theft, CC2019/12319, you are convicted and sentenced to one month’s imprisonment, which I have reduced from two months because of your plea of guilty, commencing on 10 June 2020 and expiring on
9 July 2020.
With regard to the offence of aggravated robbery that occurred on 7 September 2019, CC2019/12290, you are convicted and sentenced to 15 months' imprisonment, which I have reduced from 20 months because of your plea of guilty, commencing on
28 July 2020 and expiring on 27 October 2021.
With regard to the offence of aggravated robbery on 8 September 2019, CC2019/9973, you are convicted and sentenced to 15 months' imprisonment, which again I have reduced from 20 months because of your plea of guilty, commencing on
28 January 2021 and expiring on 27 April 2022.
With regard to the offence of threat to kill, CC2019/10479, you are convicted and sentenced to nine months' imprisonment, again reduced from 12 months because of your plea of guilty, commencing on 28 October 2021 and expiring on 27 July 2022.
That means there are two tranches of sentences that I have imposed. The first tranche extends from 10 September 2019 to 9 July 2020. As I have said, those sentences are to be served by way of full-time imprisonment. You have, in effect, already served those sentences whilst waiting for sentencing in these matters.
The second tranche begins today, 28 July 2020, and concludes on 27 July 2022, therefore being two years' imprisonment. That second tranche is to be served by way of an Intensive Correction Order.
There will also be a curfew condition requiring you to be at your place of residence from 8pm each evening until 6am the following morning for a period commencing on
28 July 2020 to 27 January 2021. I recommend that you be directed to attend the programs which are available to you at the Ngunnawal Bush Healing Farm. I will for that period of two years from today, 28 July 2020, make a non-association order ordering that you are not to associate with CD or UE.
| I certify that the preceding twenty-one [21] numbered paragraphs are a true copy of the Reasons for Sentence of his Honour Justice Burns. Associate: Date: |
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