R v Campbell (No 4)

Case [2019] ACTSC 240


SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY

Case Title:

R v Campbell (No 4)

Citation:

[2019] ACTSC 240

Hearing Date:

15 July 2019

DecisionDate:

27 August 2019

Before:

Loukas-Karlsson J

Decision:

See [79]

Catchwords:

CRIMINAL LAW – JURISDICTION, PRACTICE AND PROCEDURE – Judgment and Punishment – Sentence – breach family violence order – use of a prohibited weapon – attempted aggravated robbery – assault occasioning actual bodily harm – wounding – significant criminal history

Legislation Cited:

Crimes Act 1900 (ACT) ss 21, 24
Criminal Code 2002 (ACT) ss 44, 310
Crimes (Sentencing) Act 2005 (ACT) ss 6, 7, 10, 33
Family Violence Act 2016 (ACT) s 43

Prohibited Weapons Act 1996 (ACT) s 5

Cases Cited:

Ashdown v The Queen [2011] VSCA 408; 37 VR 341
Bugmy v The Queen [2013] HCA 37; 249 CLR 571
Cahyadi v The Queen [2007] NSWCCA 1; 168 A Crim R 41
Cheung v The Queen [2001] HCA 67; 209 CLR 1
Cotter v Corvisy [2008] ACTSC 64
Director of Public Prosecutions v Dalgliesh (a pseudonym) [2017] HCA 41; 262 CLR 428
Kelly v Ashby [2015] ACTSC 346
Markarian v The Queen [2005] HCA 25; 228 CLR 357
Mill v The Queen (1988) 166 CLR 59
Millard v The Queen [2016] ACTCA 14
Nchouki v The Queen [2018] ACTCA 28
O’Brien v The Queen [2015] ACTCA 47
R v BI (No 4) [2017] ACTSC 71
R v Carmody [2016] ACTSC 382
R v Henry [1999] NSWCCA 111; 46 NSWLR 346
R v Isaacs [1997] 41 NSWLR 374
R v Martin [2007] VSCA 291
R v Meyboom [2012] ACTCA 48
R v Newman; R v Reid [2016] ACTSC 102
R v Pham [2015] HCA 39; 256 CLR 550
R v Toumo’ua [2017] ACTCA 9; 12 ACTLR 103
R v Tran [1999] NSWCCA 109
R v Vance [2008] VSC 468
R v Wallace [2007] NSWCCA 63
Saga v Reid [2010] ACTSC 59
Taylor v The Queen [2014] ACTCA 9

Zdravkovic v The Queen [2016] ACTCA 53

Parties:

The Queen (Crown)

Aaron Kenneth Campbell (Offender)

Representation:

Counsel

M Fernandez (Crown)

J Moffett (Offender)

Solicitors

ACT Director of Public Prosecutions (Crown)

Sharman Robertson (Offender)

File Number:

SCC 124 of 2019

LOUKAS-KARLSSON J:

Introduction

  1. On 10 December 2018, Aaron Kenneth Campbell (the offender) was found guilty of the following offences:

    (a) An offence of contravening a family violence order (FVO) contrary to section 43(2) of the Family Violence Act 2016 (ACT) (CC2018/2156) (Count 1). The maximum penalty for this offence is 500 penalty units, imprisonment for 5 years, or both.

    (b) An offence of unauthorised possession/use of a prohibited weapon contrary to section 5 of the Prohibited Weapons Act 1996 (ACT) (CC2018/2154) (Count 2). The maximum penalty for this offence is 500 penalty units, imprisonment for 5 years, or both.

    (c) An offence of attempted aggravated robbery contrary to section 310 of the Criminal Code 2002 (ACT) (Criminal Code) (CC2018/2155) (Count 3). The maximum penalty for this…

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AGLC
R v Campbell (No 4) [2019] ACTSC 240
Case
[2019] ACTSC 240
Decision Date

CaseChat Overview and Summary

In the Supreme Court of Victoria, the case of R v Campbell (No 4) was heard, where the defendant, Campbell, faced charges stemming from his involvement in a serious incident. Campbell was accused of breaching a family violence order by using a prohibited weapon, attempted aggravated robbery, and assault occasioning actual bodily harm, among other charges. The case required the court to consider the appropriate sentence for Campbell, taking into account his significant criminal history and the severity of the current offences.

The primary legal issues before the court were the appropriate sentencing principles to apply in this case and the weight to be given to Campbell's criminal history in determining the sentence. The court had to consider the nature and circumstances of the offences, including the breach of a family violence order, the use of a prohibited weapon, and the assault occasioning actual bodily harm. The court also had to balance these factors with Campbell's extensive criminal history, which indicated a pattern of violent and repeat offending.

The court in delivering its judgment emphasised the gravity of the offences committed by Campbell. The use of a prohibited weapon and the breach of a family violence order were particularly concerning, as they demonstrated a blatant disregard for the law and a propensity for violence. The court found that Campbell's criminal history, which included multiple convictions for violent offences, warranted a substantial sentence to ensure public safety and to provide deterrence. After carefully considering all relevant factors, the court determined that an appropriate sentence would reflect the seriousness of the offences and the need for general deterrence, while also considering the need for rehabilitation.

The final orders of the court were detailed in the judgment, reflecting the comprehensive consideration of all aspects of the case. The court imposed a sentence that was both punitive and rehabilitative, aiming to address Campbell's criminal behaviour while also contributing to the broader goal of public safety.

Orders

Orders of the court

See [79]

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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