SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY
Case Title: | R v Carberry |
Citation: | [2020] ACTSC 96 |
Hearing Date: | 21 April 2020 |
DecisionDate: | 21 April 2020 |
Before: | Mossop J |
Decision: | See [31] |
Catchwords: | CRIMINAL LAW – JURISDICTION, PRACTICE AND PROCEDURE – Judgment and punishment – sentence – burglary – possessing a knife in a public place – possessing a drug of dependence – burglary of a residential premises whilst residents were home – early plea of guilty – substantial criminal history – context of long-term illicit substance use – guarded prospects of rehabilitation – sentence of imprisonment |
Legislation Cited: | Crimes Act 1900 (ACT), s 382(1) Criminal Code 2002 (ACT), s 311 Drugs of Dependence Act 1989 (ACT), s 169 |
Cases Cited: | |
Parties: | The Queen (Crown) Renee Carberry (Offender) |
Representation: | Counsel S McFarland (Crown) A Titterton (Offender) |
| Solicitors ACT Director of Public Prosecutions (Crown) Aboriginal Legal Service (NSW/ACT) (Offender) | |
File Number: | SCC 32 of 2020 |
MOSSOP J:
Introduction
The offender, Renee Carberry, pleaded guilty in the Magistrates Court to the following offences:
a) one count of burglary contrary to s 311 of the Criminal Code 2002 (ACT), the maximum penalty being 14 years’ imprisonment, 1400 penalty units or both (CC20/1171);
b) one count of possessing a knife in a public place without a reasonable excuse contrary to s 382(1) of the Crimes Act 1900 (ACT), the maximum penalty being six months’ imprisonment, 10 penalty units or both (CC20/1173); and
c) one count of possessing a drug of dependence contrary to s 169 of the Drugs of Dependence Act 1989 (ACT), the maximum penalty being two years’ imprisonment, 50 penalty units or both (CC20/1174).
At the time of these offences the offender was on bail for six separate series of offences. Those offences are currently being dealt with by the Magistrates Court.
Facts
The facts are agreed and are as follows. At around 10:45am on 18 January 2020 the offender entered the residence of the victim, who I will refer to as BD, and his wife ND, in Braddon, ACT. She entered through the study and took several items before exiting through the front door. BD and ND were in their bedroom at the time, and BD exited the bedroom at the time the offender was leaving. BD did not recognise the offender and called out to her to stop as she left the premises.
The offender walked towards Henty Street. BD exited his residence through a sliding door that backed onto Henty Street. He observed the offender walking along the nature strip on that street and approached her. As BD questioned why she had been in his house, the offender tried to push past him. BD recognised one of the bags she was carrying as his. Items also began falling from the bags being carried by the offender, and BD also recognised these items as belonging to him. BD attempted to pull the bags from the offender’s…
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- AGLC
- R v Carberry [2020] ACTSC 96
- Case
- [2020] ACTSC 96
- Decision Date
CaseChat Overview and Summary
The legal issues before the court encompassed the principles of sentencing for multiple offences, the significance of an early guilty plea, and the respondent's criminal history and personal circumstances. The court had to weigh these factors to ensure the sentence was just and proportionate, considering both the need for general deterrence and the potential for rehabilitation. The court also needed to address the concurrent nature of the offences and how they should be considered together in the sentencing process.
The court considered the gravity of the offences, the respondent's criminal history, and his personal circumstances. It acknowledged the respondent's early guilty plea and the mitigating factor of his long-term substance use, but also noted the seriousness of the burglary offence committed against residents in their own home. After weighing all relevant factors, the court determined that a sentence of imprisonment was necessary to adequately reflect the seriousness of the offences, provide general deterrence, and contribute to the respondent's rehabilitation.
The final orders included a sentence of imprisonment, details of which were outlined in the judgment at [31]. The court specified the term and conditions of the sentence, taking into account the totality of the circumstances and the objectives of sentencing.
Orders
Orders of the court
See [31]
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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