SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY
Case Title:
R v Collier
Citation:
[2019] ACTSC 358
Hearing Dates:
26 and 27 November 2019
Decision Date:
19 December 2019
Before:
Loukas-Karlsson J
Decision:
See [78]
Catchwords:
CRIMINAL LAW – JURISDICTION, PRACTICE AND PROCEDURE – Judgment and Punishment – Sentence – aggravated burglary – circumstances of violence – where offender did not personally perpetrate or threaten violence – plea of guilty – criminal history
Legislation Cited:
Crimes (Sentencing) Act 2005 (ACT) ss 6, 7, 10, 12, 33, 35, 35A
Criminal Code 2002 (ACT) s 312
Crimes (Sentencing Procedure) Act 1999 (NSW) s 22
Cases Cited:
Alvares v R; Farache v R [2011] NSWCCA 33; 209 A Crim R 297
Blundell v The Queen [2019] ACTCA 34
Bugmy v The Queen [2013] HCA 37; 249 CLR 571
Butters v The Queen [2010] NSWCCA 1
Director of Public Prosecutions v Dalgliesh [2017] HCA 41; 262 CLR 428
Elias v The Queen [2013] HCA 31; 248 CLR 483
Fusimalohi v The Queen [2012] ACTCA 49
Green v The Queen; Quinn v The Queen [2011] HCA 49; 244 CLR 462
Hili v the Queen [2010] HCA 45; 242 CLR 520
Hogan v Hinch [2011] HCA 4; 243 CLR 506
Hogarth v The Queen [2012] VSCA 302; 37 VR 658
Imbornone v The Queen [2017] NSWCCA 144
Markarian v The Queen [2005] HCA 25; 228 CLR 357
Monfries v The Queen [2014] ACTCA 46; 245 A Crim R 80
Mun v The Queen [2015] NSWCCA 234
R v Harrison [2002] NSWCCA 79; 121 A Crim R 380
R v Mumberson [2011] NSWCCA 54
R v Pham [2015] HCA 39; 256 CLR 550
R v Salcedo; R v Stretton (No 3) [2018] ACTSC 305
R v Toumo’ua [2017] ACTCA 9; 12 ACTLR 103
The Queen v De Simoni (1981) 147 CLR 383
Thompson v The Queen [2018] ACTCA 2
Van Zwam v The Queen [2017] NSWCCA 127
Parties:
The Queen (Crown)
Norman Collier (Offender)
Representation:
Counsel
K Lee (Crown)
B Morrisroe (Offender)
Solicitors
ACT Director of Public Prosecutions (Crown)
Boxall Legal (Offender)
File Number:
SCC 199 of 2019
Introduction
1. On 26 November 2019, Mr Norman Collier (the offender) pleaded guilty to the offence of aggravated burglary contrary to section 312 of the Criminal Code 2002 (ACT) (Criminal Code).
2. The maximum penalty for aggravated burglary is imprisonment for 20 years, a fine, or both.
Agreed Facts
3. The agreed facts are set out in the Statement of Facts, which forms Exhibit 1. What follows is a brief summary.
4. On 10 January 2019, the offender accompanied Dean Reid, David Evans, Joshua Watson, and Sharon Ann Stott to the residence of Mr Goward (the victim) at Oaks Estate.
5. They came to the property because Ms Stott wanted to speak with the victim for a…
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- AGLC
- R v Collier [2019] ACTSC 358
- Case
- [2019] ACTSC 358
- Decision Date
CaseChat Overview and Summary
The Court noted that while the respondent did not personally perpetrate or threaten violence, the offence of aggravated burglary inherently involves an element of violence by virtue of the unlawful entry into a residence with the intent to commit an offence therein. The Court further considered the respondent's criminal history, which included previous convictions for burglary and theft, as well as the need to deter both the respondent and the community from engaging in such criminal conduct. In delivering its judgment, the Court emphasised the importance of proportionality in sentencing, balancing the need for punishment with the potential for rehabilitation. The Court ultimately determined that a custodial sentence was necessary to adequately address the seriousness of the offence and to provide deterrence.
The Supreme Court of Victoria sentenced the respondent to a term of imprisonment, reflecting the gravity of the aggravated burglary offence and the respondent's criminal history. The Court acknowledged that while the respondent did not personally engage in or threaten violence, the nature of the offence warranted a sentence that conveyed the seriousness of the criminal conduct. The sentence imposed was deemed to be proportionate to the offence and reflective of the need to protect the community and deter future criminal behaviour. The Court also considered the potential for rehabilitation, ensuring that the sentence included appropriate measures to address the respondent's criminal behaviour and reduce the likelihood of reoffending.
Orders
Orders of the court
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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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