R v Crawford (No 3)

[2017] ACTSC 99

SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY

Case Title:

R v Crawford (No 3)

Citation:

[2017] ACTSC 99

Hearing Date:

4 May 2017 and 25 August 2017

DecisionDate:

25 August 2017

Before:

Elkaim J

Decision:

See paragraph [48]

Catchwords:

CRIMINAL LAW – JURISDICTION, PRACTICE AND PROCEDURE – Judgment and Punishment – Sentence – theft – burglary – aggravated burglary – robbery – ride in a motor vehicle without consent – damage property – pleas of guilty and guilty verdict.

Legislation Cited:

Cases Cited:  

Criminal Code 2002 (ACT) ss 308, 310, 311, 312 and 318

Crimes (Sentencing) Act 2005 (ACT) ss 6, 7, 10 and 33

Supreme Court Act 1933 (ACT) s 68B

Barrett v The Queen [2016] ACTCA 38
Bugmy v The Queen [2013] HCA 37; 249 CLR 571
Taylor v R [2014] ACTCA 9
R v Crawford [2016] ACTSC 44
R v Crawford (No 2) [2016] ACTSC 359
R v Hutchinson (ACTSC, 4 April 2013, Higgins CJ, unreported)
R v Monaghan (ACTSC, 11 December 2012, Refshauge J, unreported)

R v Miles [2015] ACTSC 162

Parties:

The Queen (Crown)

Peter Michael Crawford (Accused)

Representation:

Counsel

Mr M Fernandez (Crown)

Mr J Sabharwal (Accused)

Solicitors

ACT Director of Public Prosecutions (Crown)

Aboriginal Legal Service (Offender)

File Numbers:

SCC 27 of 2016 ; SCC 83 of 2016 ; SCC 153 of 2016

ELKAIM J:

Introduction

1. On 2 December 2016, the offender pleaded guilty to 21 of 29 counts in an indictment dated 29 August 2016. He pleaded not guilty to one count in the indictment and went to trial before me sitting without a jury. He was convicted on 6 December 2016 (R v Crawford (No 2) [2016] ACTSC 359).

1. The offender is now to be sentenced in respect of 24 counts, including the 21 for which he pleaded guilty on 2 December 2016, the one on which he was found guilty, and the two in respect of which he pleaded guilty on 6 December 2016.

1. The facts of the matter that went to trial can be found in the judgment cited above. The specific charge was:

That on 31 May 2015 at Canberra in the Australian Capital Territory, Peter Michael Crawford committed robbery in company with two unknown persons and at that time had an offensive weapon with him. 

1. The facts of the other offences appear in the Statement of Facts (Exhibit A). The pre-sentence report indicates that, in respect of the offences to which the offender pleaded guilty, he agreed with the descriptions given and accepts responsibility for his actions. The offender continues to maintain his innocence in respect of the offence for which he was found guilty.

The offender’s background

1. The offender was born in 1983. He did not have a normal childhood. He was removed from his mother’s care because she was an alcoholic. He found school difficult. He spent seven of his formative years in a “boys’ home”. Most of his adult life has been spent in custody.

1. The offender is of Aboriginal…