R v Carberry

[2020] ACTSC 96

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
Crimes (Sentence Administration) Act 2005 (ACT)

Drugs of Dependence Act 1989 (ACT), s 169

Cases Cited:

Love v The Queen [2012] ACTCA 8

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

1. 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).

1. 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

1. 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.

1. 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…