R v Campbell (No 2)

[2016] ACTSC 368

SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY

Case Title:

R v Campbell (No 2)

Citation:

[2016] ACTSC 368

Hearing Date(s):

13 December 2016

DecisionDate:

13 December 2016

Before:

Elkaim J

Decision:

(i)     For the first offence of aggravated robbery (XO 30975/16), the offender is sentenced to a period of imprisonment of 2 years commencing on 4 July 2016 and ending on 3 July 2018.

(ii)    For the second offence of aggravated robbery (CC 4698/16), the offender is sentenced to a period of imprisonment of 2 years commencing on 4 July 2017 and ending on 3 July 2019.

(iii)    For the offence of dishonestly driving a motor vehicle belonging to someone else (CC 3897/16), the offender is sentenced to a period of imprisonment of 6 months commencing on 4 July 2016 and ends on 3 January 2017.

(iv)   I set a non-parole period to expire on 13 December 2017, being a period of 17 months and 10 days.

(v)    I make reparation orders in the sum of $75 in favour of Big Pizza Company Pty Ltd and Domino’s Pizza Enterprises in the sum of $35.

(vi)   Any breaches of good behaviour orders are referred back to the relevant sentencing court.

Catchwords:

CRIMINAL LAW – JURISDICTION, PRACTICE AND PROCEDURE – Judgment and Punishment – Sentence – findings of guilt – aggravated robbery – dishonestly drive motor vehicle belonging to someone else – relevant criminal history

Legislation Cited:

Criminal Code 2002 (ACT), ss 45A, 310(b), 318(2)

Crimes (Sentencing) Act 2005 (ACT), ss 6,7,10, 33(1)(za)

Cases Cited:

Barrett v The Queen [2016] ACTCA 38

R v Henry [1999] NSWCCA 111; 46 NSWLR 346
R v Hutchison (ACTSC, 4 April 2013, Higgins CJ, unreported)
R v Monaghan (ACTSC, 11 December 2012, Refshauge J, unreported)

Taylor v R [2014] ACTCA 9

Parties:

The Queen (Crown)

Tyler John Campbell (Offender)

Representation:

Counsel

Ms R Christensen (Crown)

Mr M Hassall (Offender)

Solicitors

ACT Director of Public Prosecutions (Crown)

Pappas J Attorney (Offender)

File Number:

SCC 209 of 2016

ELKAIM J:

Introduction

1. On 17 November 2016, following a judge alone trial which had occupied the previous two days, the offender was found guilty of the following offences:

(a)XO 30975/16 – aggravated robbery in contravention of s 310(b) and s 45A of the Criminal Code 2002 (ACT).

(b)CC 4698/16 – aggravated robbery in contravention of s 310(b) and s 45A of the Criminal Code 2002 (ACT).

(c)CC 3897/16 – dishonestly driving a motor vehicle belonging to someone else in contravention of s 318(2) of the Criminal Code 2002 (ACT).

1. The offender had been tried with a co-offender (Dylan Kane Stacker) who was also convicted of essentially the same offences.

1. The maximum penalty for each of the above offences is as follows;

(a)For each offence of aggravated robbery, 25 years imprisonment, a fine of $375,000 or both; and

(b)For the offence of dishonestly driving a motor vehicle belonging to someone else, 5 years imprisonment, a fine of $75,000 or both.

1. In short summary, on 6 December 2015, the offender…