R v BS-X

Case [2021] ACTSC 160


SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY

Case Title:

R v BS-X

Citation:

[2021] ACTSC 160

Hearing Date:

22 July 2021

DecisionDate:

22 July 2021

Before:

Loukas-Karlsson J

Decision:

See [148]

Catchwords:

CRIMINAL LAW – JURISDICTION, PRACTICE AND PROCEDURE – Judgment and Punishment – Sentence – sentence of a young person – youth justice principles – attempted aggravated burglary – aggravated burglary – drive/ride motor vehicle without consent/ take motor vehicle without consent – property damage – history of childhood disadvantage – rehabilitation – Verdins principles – Bugmy principles – parity – good behaviour order – supervision condition by care and protection not required

Legislation Cited:

Children and Young People Act2008 (ACT) s 94

Crimes (Sentence Administration) Act 2005 (ACT) s 86
Crimes (Sentencing) Act 2005 (ACT) pt 4.4., ss 10, 13, 33, 35, 57, 133C, 133D, 133G
Criminal Code 2002 (ACT) ss 44, 45A, 312, 318, 321, 403
Human Rights Act (2004) (ACT) s 22
Road Transport (Driver Licensing) Act 1999 (ACT) s 31

Cases Cited:

Beale v The Queen [2015] NSWCCA 120

Blundell v The Queen [2019] ACTCA 34
Bugmy v The Queen [2013] HCA 37; 249 CLR 571
Cahyadi v The Queen [2007] NSWCCA 1; 168 A Crim R 4
DPP (Cth) v De La Rosa [2010] NSWCCA 194; 243 FLR 28
GAS v The Queen; SJK v The Queen [2004] HCA 22; 217 CLR 198
Green v The Queen; Quinn v The Queen [2011] HCA 49; 244 CLR 462
Hogan v Hinch [2011] HCA 4; 243 CLR 506
Hoskins v R [2021] NSWCCA 169
KT v R [2008] NSWCCA 51; 182 A Crim R 571
Lowe v The Queen (1984) 154 CLR 606
Markarian v The Queen [2005] HCA 25; 228 CLR 357
Mill v The Queen (1988) 166 CLR 59
O’Brien v The Queen [2015] ACTCA 47
Pearce v The Queen [1998] HCA 57; 194 CLR 610
Petterson v The Queen [2013] NSWCCA 133
Postiglione v The Queen (1997) 189 CLR 295
R v BM (Unreported, Supreme Court of the ACT, 29 October 2012, Refshauge J)
R v Boney [2001] NSWCCA 432
R v Campbell [2010] ACTCA 20
R v Colgan [1999] NSWCCA 292
R v Goolagong (No 2) [2021] ACTSC 131
R v Goundar [2001] NSWCCA 198; 127 A Crim R 331
R v Govinden [1999] NSWCCA 118; 106 A Crim R 314
R v Ho (Unreported, Court of Criminal Appeal of NSW, 28 February 1997)
R v Hoschke [2001] NSWCCA 317
R v Irwin [2019] NSWCCA 133
R v JW [2010] NSWCCA 49; 77 NSWLR 7
R v TL [2017] ACTCA 18
R v Toumo’ua [2017] ACTCA 9; 12 ACTLR 103
R v Tran [1999] NSWCA 109
R v Verdins [2007] VSCA 102; 16 VR 269
R v Wong [2003] NSWCCA 247
R v Wright [2009] NSWCCA 3
R v XX [2009] NSWCCA 115; 195 A Crim R
Thompson v The Queen [2018] ACTCA 2

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AGLC
R v BS-X [2021] ACTSC 160
Case
[2021] ACTSC 160
Decision Date

CaseChat Overview and Summary

In the matter of R v BS-X, the accused was before the Supreme Court of New South Wales on charges of attempted aggravated burglary, driving/riding a motor vehicle without consent, and causing property damage. The accused, who was a young person, had a history of childhood disadvantage and was being sentenced for their criminal conduct. The legal issues that the court had to address were whether the principles of Verdins and Bugmy should apply, and what sentence was appropriate given the youth justice principles, the nature of the offences, and the accused's history.

The court considered the Verdins principles, which require the sentence for a young person to be proportionate to the seriousness of the offence and the degree of culpability of the offender, and the Bugmy principles, which require the court to consider whether the sentence is appropriate in light of the offender's age and circumstances. The court also had to consider the youth justice principles, which prioritise rehabilitation and the least restrictive means of achieving justice. The court found that the accused's history of childhood disadvantage and the need for rehabilitation were significant factors to consider in determining an appropriate sentence. However, the court also had to consider the seriousness of the offences, which involved a dangerous escalation of criminal conduct.

The court ultimately decided that a good behaviour order with a supervision condition was an appropriate sentence for the accused. The court found that a supervision condition by care and protection was not required, as the accused's history of childhood disadvantage did not necessitate such a condition. The court also found that the sentence should reflect the principle of parity, which requires that the sentence be proportionate to the seriousness of the offence and the degree of culpability of the offender. The court considered that the sentence should be an effective means of achieving justice, promoting the rehabilitation of the offender, and protecting the community.

The final orders of the court were that the accused be subject to a good behaviour order for a period of two years, with a supervision condition. The court also ordered that the accused pay a fine of $1,000 and make reparations to the victim for the property damage caused by their criminal conduct.

Orders

Orders of the court

See [148]

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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