R v CA

[2014] ACTSC 332

SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY

Case Title:

R v CA

Citation:

[2014] ACTSC 332

Hearing Date(s):

28 October 2014

DecisionDate:

28 October 2014

Before:

Murrell CJ

Decision:

Total sentence of two years and one month’s imprisonment, suspended after four and a half months

Category:

Sentence

Catchwords:

CRIMINAL LAW – Sentence – aggravated burglary – burglary –theft – ride in motor vehicle taken without consent – damage property – minor theft – early pleas of guilty – compensation to victims – parity – rehabilitation of young offender

Legislation Cited:

Crimes (Sentencing) Act 2005 (ACT) s 7, 33, 109, 133C

Magistrates Court Act 1930 (ACT) s 90B

Parties:

The Queen (Crown)

CA (Offender)

Representation:

Counsel

Mr M Thomas (Crown)

Mr D Rutherford (Offender)

Solicitors

ACT Director of Public Prosecutions (Crown)

Aboriginal Legal Service (ACT/NSW) (Offender)

File Number(s):

SCC 139 of 2014; SCC 140 of 2014

MURRELL CJ:

Introduction

1. The young person adhered to pleas of guilty entered at an early opportunity in the Children’s Court. On 3 July 2014 he was committed for sentence in relation to a raft of serious dishonesty matters and other matters were referred, under s 90B of the Magistrates Court Act 1930 (ACT) for sentence in the Supreme Court. The utilitarian value of the early pleas should be reflected in a discount of approximately 25 per cent on the sentences that would otherwise have been imposed.

1. The offending behaviour comprises eight episodes of offending:

(a)On 28 December 2009

(i)aggravated burglary at the China Tea Club

(ii)theft at the China Tea Club

(b)On 20 June 2011

(i)aggravated burglary at Patto’s Grog Shop

(ii)theft

(iii)ride in a motor vehicle taken without consent.

(c)On 20 June 2011

(i)aggravated burglary on a pizza bar

(ii)theft

(iii)ride in a motor vehicle taken without consent

(d)On 20 June 2011

(i)burglary at the Monash Hair and Beauty Shop

(e)On 20 June 2011

(i)burglary at the Pizza Hut Erindale

(ii)theft

(f)On 22 June 2011

(i)burglary at the Yarralumla Post Office

(ii)ride in motor vehicle taken without consent

1. The referred offences are as follows:

(g)On 19-20 June 2011

(i)damage property (Saab vehicle)

(ii)minor theft

(h)On 19 or 20 June 2011

(i)damage property (food vending machine)

(ii)minor theft

1. For the offences of aggravated burglary, the maximum available penalty is 20 years’ imprisonment.  For theft, the maximum available penalty is 10 years’ imprisonment.  For riding in a motor vehicle taken without consent, the maximum available penalty is five years’ imprisonment.  For burglary, the maximum available penalty is 14 years’ imprisonment.  For damage to property, the maximum available penalty is six months’ imprisonment.  For minor theft, the maximum available penalty is six months’ imprisonment.

Facts

1. The offender was born in November 1993.  He was 16 years of age at the time of the 2009 offences and he was about 17.5 years of age at the time of the other offences.  The detailed facts of the offences are set out in Exhibit 1. 

1. The first incident occurred at about 11.34pm on 28 December 2009.  The offender and…