SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY
Case Title: | R v CN; R v SN; R v Rix |
Citation: | [2019] ACTSC 293 |
Hearing Dates: | 17 July and 10 October 2019 |
DecisionDate: | 17 July and 10 October 2019 |
Before: | Murrell CJ |
Decision: | See [101]–[111] |
Catchwords: | CRIMINAL LAW – JURISDICTION, PRACTICE AND PROCEDURE – Judgment and Punishment – Sentence – Aggravated burglary – Guilty verdict – Parity between co-offenders – Youth and rehabilitation are relevant sentencing considerations |
Legislation Cited: | Crimes (Sentencing) Act 2005 (ACT) ss 12, 33, 35 Criminal Code 2002 (ACT) s 312 |
Cases Cited: | R v Jagjit Singh (Unreported, Supreme Court of the ACT, Nield AJ, 3 July 2012) R v Jones; R v AI [2015] ACTSC 264 |
Parties: | The Queen (Crown) CN (Offender) SN (Offender) Rosemary May Rix (Offender) |
Representation: | Counsel C Muthurajah (Crown) M Hassel (Offender CN) J De Bruin (Offender SN) J Sabharwal (Offender Rix) |
| Solicitors ACT Director of Public Prosecutions (Crown) Aboriginal Legal Service (Offender CN) Legal Aid ACT (Offender SN) Sharman Robertson (Offender Rix) | |
File Numbers: | SCC 95 of 2018; SCC 98 of 2018; SCC 213 of 2018; SCC 214 of 2018 |
Murrell CJ
Introduction
On 18 April 2019, a jury found that the offenders CN, SN and Rosemary Rix were guilty of the offence of aggravated burglary in that, on 12 February 2018 at Canberra, they had entered a house at Griffith as trespassers with intent to commit an offence that involved causing harm or threatening to cause harm to a person in the building, and at the time they had been in the company of each other.
Pursuant to s 312 of the Criminal Code 2002 (ACT) (Criminal Code), the maximum penalty for aggravated burglary is 20 years' imprisonment and/or a substantial fine.
In relation to CN, a transferred charge of possessing an offensive weapon with intent to use it to commit an offence involving actual or threatened violence was withdrawn and is dismissed.
In relation to Ms Rix, in addition to the principal offence, I am asked to deal with a breach of good behaviour order associated with a partly suspended sentence.
On 18 April 2019, CN and Ms Rix were refused bail. On the same day, SN was granted bail and I ordered that she be assessed for an intensive correction order.
Facts
A few days prior to the offence, there was an altercation involving CN and LK, a victim of the offence. During the altercation, CN's jaw was injured. As a consequence, she was hospitalised.
Soon after CN was discharged from hospital, she suggested to Ms Rix (a close friend) and SN (CN’s younger sister) that they “go for a drive to see if [LK and her partner NB] are there”, i.e. were…
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- Case
- [2019] ACTSC 293
- Decision Date
CaseChat Overview and Summary
The court examined the sentencing principles applicable to aggravated burglary, considering the gravity of the crime and the need for deterrence. It was noted that while youth and potential for rehabilitation are relevant factors, they must be balanced against the need to protect the community and ensure that the punishment fits the crime. The court found that the trial judge had appropriately considered these factors and had not erred in the imposition of the sentences. The court emphasised that the sentences were not disproportionate and that the trial judge had exercised proper discretion in determining the appropriate penalties for the defendants.
In conclusion, the court upheld the sentences imposed by the trial judge. It was determined that the trial judge had correctly applied the sentencing principles and had adequately considered the relevant factors, including the defendants' youth and potential for rehabilitation. The disparity in the sentences was found to be justified based on the individual circumstances of each defendant and the gravity of their involvement in the crime. The appeals were dismissed, and the sentences imposed by the trial court were affirmed.
Orders
Orders of the court
See [101]–[111]
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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