SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY
Case Title: | R v Chevalier |
Citation: | [2018] ACTSC 236 |
Hearing Date: | 22 February 2018 |
DecisionDate: | 8 March 2018 |
Before: | Burns J |
Decision: | See [45] - [53] |
Catchwords: | CRIMINAL LAW – JURISDICTION, PRACTICE AND PROCEDURE – Judgment and Punishment – Sentence – range of offences – aggravated robbery – assault occasioning actual bodily harm – inflicting actual bodily harm – intentionally inflicting grievous bodily harm – found guilty by jury after trial – findings of fact – joint enterprise – objective seriousness – second series of offences – attempted burglary – recklessly threatening to kill – possession of a knife – plea of guilty – conditional liberty – subjective features |
Legislation Cited: | Supreme Court Act 1933 (ACT) s 68E |
Parties: | The Queen (Crown) Manoa Satala Chevalier (Offender) |
Representation: | Counsel Ms J Campbell (Crown) Mr A Doig (Offender) |
| Solicitors ACT Director of Public Prosecutions (Crown) Darryl Perkins Solicitors (Offender) | |
File Numbers: | SCC 10 of 2017; SCC 11 of 2017; SCC 4 of 2018; SCC 5 of 2018 |
Burns J
Manoa Chevalier, you appear before me today for sentence with respect to a range of offences. First, there are those charges found on Supreme Court file SCC 10 of 2017 comprising one charge of aggravated robbery (CC2016/11675), one charge of assault occasioning actual bodily harm (CC2016/11676), one charge of inflicting actual bodily harm (XO2017/31043) and one charge of intentionally inflicting grievous bodily harm (XO2017/31045).
You were found guilty of these charges by a jury after trial on 22 November 2017. All of these offences occurred on 26 September 2016.
With regard to the offence of aggravated robbery, I am satisfied there were two circumstances of statutory aggravation demonstrated by the evidence. You were in company and you were also armed with an offensive weapon being a knife. The maximum penalty for this offence is 25 years’ imprisonment and/or 2500 penalty units.
The maximum penalties for the offences of assault occasioning actual bodily harm and inflicting actual bodily harm are five years' imprisonment.
The maximum penalty for the offence of intentionally inflicting grievous bodily harm is 20 years’ imprisonment.
The second series of offences which are before me for sentence are found on Supreme Court file SCC 4 of 2018 and comprise one offence of attempted burglary (CC17/11214) and one offence of recklessly threatening to kill (CC17/11215). In addition, there is a further charge of possession of a knife (CC17/11212) which was transferred to this Court from the Magistrates Court pursuant to s 68E of the Supreme Court Act 1933 (ACT). All of these offences occurred on 10 October 2017.
The maximum penalty for the offence of attempted burglary is 14 years’ imprisonment and/or 1400 penalty units. The maximum penalty for the offence of recklessly threatening to kill is 10 years’ imprisonment. The maximum penalty of possession of a knife in a public place is six months’ imprisonment or 10 penalty units.
Offences of 26 September 2016
The following is a summary of my findings of…
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- AGLC
- R v Chevalier [2018] ACTSC 236
- Case
- [2018] ACTSC 236
- Decision Date
CaseChat Overview and Summary
The primary legal issues that the court needed to address were the appropriate sentencing principles to apply in cases involving multiple offences committed as part of a joint enterprise, the relevance of the appellant’s plea of guilty to certain charges, and the extent to which the court should consider the subjective features of Chevalier’s background in the sentencing process. The court also had to determine the appropriate sentence for the second series of offences to which Chevalier pleaded guilty, considering the conditional liberty that had already been granted.
Justice [Judge’s Name] examined the principle that the overall sentence must reflect the cumulative seriousness of the offences. The court noted that while Chevalier’s plea of guilty to some charges could be a mitigating factor, it also considered the objective seriousness of the crimes, particularly the violence involved and the impact on the victims. The court found that Chevalier’s background and personal circumstances, including his age and potential for rehabilitation, were relevant to the sentencing decision. After careful consideration, the court determined the appropriate sentences for each offence, taking into account both the objective and subjective factors. The final orders were detailed in paragraphs [45] to [53] of the judgment.
Orders
Orders of the court
See [45] - [53]
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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