SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY
Case Title: | R v Crawford |
Citation: | [2022] ACTSC 87 |
Hearing Date: | 22 April 2022 |
DecisionDate: | 22 April 2022 |
Before: | Elkaim J |
Decision: | See [35] |
Catchwords: | CRIMINAL LAW – JURISDICTION, PRACTICE AND PROCEDURE – Judgment and Punishment – Sentence – aggravated burglary – theft – where offender had an awful upbringing |
Legislation Cited: | Crimes (Sentencing) Act 2005 (ACT) ss 6, 7, 33 Criminal Code 2002 (ACT) s 308, 312 |
Cases Cited: | R v Crawford (No 1) [2020] ACTSC 245 |
Parties: | The Queen ( Crown) P M Crawford ( Offender) |
Representation: | Counsel E Priestly ( Crown) J Cooper ( Offender) |
| Solicitors ACT Director of Public Prosecutions ( Crown) Aboriginal Legal Service ( Offender) | |
File Number(s): | SCC 297 of 2021 |
Elkaim J
On 8 December 2021, the offender pleaded guilty to the offence of aggravated burglary in contravention of s 312 of the Criminal Code 2002 (ACT). The maximum penalty is 20 years’ imprisonment and/or a fine of $320,000. The offender also pleaded guilty to the offence of theft in contravention of s 308 of the Criminal Code 2002 (ACT). The maximum penalty is 10 years’ imprisonment and/or a fine of $160,000.
It is important to immediately note that each of the above two offences is made up of ‘rolled up’ charges.
There is an Agreed Statement of Facts. The following is a summary. On 15 September 2020 the offender went into a supermarket intending to commit theft. He was with another person. Together they stole items valued at $75,108.53.
The offender actually visited the supermarket twice, on the second occasion they removed a safe which contained $70,000 in cash. This explains the large amount of items stolen.
Considering the amount stolen, the offences being on a commercial premises and the degree of planning suggested by the return to the supermarket, I assess the objective seriousness of the offending at a little below medium.
There is no Victim Impact Statement but a reparation order is sought in the amount of $4,508.
The offender was born in 1983. Despite being only 38 years of age he has accumulated a very significant criminal record, some of which reflects offences in New South Wales and Queensland. He has spent a good deal of time in prison and does not seem to have much respect for supervision orders when he is living in the community.
I sentenced the offender in 2017 for 24 offences including aggravated robbery, burglary and aggravated burglary. The sentence was four years and two months’ imprisonment with a non-parole period of three years (R v Crawford (No 3) [2017] ACTSC 99). On 7 September 2020 Refshauge AJ sentenced the offender to 4 years’ imprisonment with a non-parole period of two years. The offences included aggravated robbery, aggravated burglaries and theft (R v Crawford (No 1) [2020] ACTSC 245).
The offence before…
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- R v Crawford [2022] ACTSC 87
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CaseChat Overview and Summary
The court found that the objective seriousness of the offending was assessed as a little below medium. The offender had a history of failing to comply with supervision orders and rehabilitation efforts, indicating that imprisonment had not been effective in preventing reoffending. The court noted the offender's potential for rehabilitation, particularly if he could engage in his artistic talents outside of prison. However, the court emphasised that the offender must be punished for his criminal actions and that imprisonment was the only viable alternative. The court also considered the principle of totality to avoid an excessively harsh sentence and the possibility of accumulation between the two offences to recognise the extent of the theft.
In determining the sentence, the court applied the principles from Hoskins v R and R v Elphick, considering the appropriate range of sentences for aggravated burglary and theft. The court applied a 20% discount for the offender's early guilty plea. The court decided on a sentence of 19 months for aggravated burglary and 12 months for theft, with an accumulation of three months, resulting in a total of 22 months' imprisonment. The new sentences were to commence on 12 February 2024 to ensure some degree of concurrency with the existing sentence. The court also set a non-parole period of two years and six months and recommended that the offender not be released unless into a suitable rehabilitation regime.
The court made several orders, including sentencing the offender to 19 months for aggravated burglary and 12 months for theft, both to commence on 12 February 2024. The non-parole period was set to end on 21 October 2024. The court recommended that the offender not be released unless into a regime of suitable accommodation and rehabilitation opportunities. The court also decided that a reparation order would be pointless and possibly detrimental to the offender's chance of rehabilitation.
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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