R v Denniss

[2019] ACTSC 283

SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY

Case Title:	R v Denniss
Citation:	[2021] ACTSC 15
Hearing Date:	3 February 2021
Decision Date:	3 February 2021
Before:	Mossop J
Decision:	See [39]
Catchwords:	CRIMINAL LAW – JURISDICTION, PRACTICE AND PROCEDURE – Judgment and punishment – sentence – aggravated robbery by joint commission – arson – low end of mid range objective seriousness – offending occurred while in custody – deprived childhood – various mental health diagnoses – history
of illicit substance use – extensive criminal history including offending of the same type – sentences of imprisonment
Legislation Cited:	Crimes (Restorative Justice) Act 2004 (ACT), s 24 Crimes (Sentencing) Act 2005 (ACT), s 72 Criminal Code 2002 (ACT), ss 45A, 310, 404
Cases Cited:	R v Chevalier [2021] ACTSC 14 R v Denniss [2018] ACTSC 239 R v Denniss [2019] ACTSC 283
Parties:	The Queen (Crown)
Tian-Jarrah Denniss (Offender)
Representation:	Counsel
M Dyason (Crown)
K McKee (Offender)
Solicitors
ACT Director of Public Prosecutions (Crown) Legal Aid ACT (Offender)
File Numbers:	SCC 183 of 2020
SCC 184 of 2020
MOSSOP J:
Introduction

1.    The offender, Tian-Jarrah Denniss, pleaded guilty to the following offences:

(a) count 1: joint commission aggravated robbery (CC2019/11525), contrary to ss 310 and 45A of the Criminal Code 2002 (ACT), the maximum penalty being

25 years’ imprisonment, 2500 penalty units or both; and

(b) count 2: arson (CC2020/2166), contrary to s 404(1) of the Criminal Code, the

maximum penalty being 15 years’ imprisonment, 1500 penalty units or both.

2.   The two offences arise out of two different incidents which occurred at the Alexander Maconochie Centre (AMC) while the offender was under sentence for other offences. In relation to count 1, the offence occurred by joint commission with Manoa Chevalier, who I

am sentencing at the same time. Count 2 is a separate charge arising from the offender’s

conduct while by himself in his cell.

3.    Unfortunately, this is not the first time that I have had to sentence Mr Denniss. I previously sentenced him in 2018 for an aggravated robbery and failing to return to custody: R v Denniss [2018] ACTSC 239. I subsequently sentenced him for two offences of arson committed whilst in custody: R v Denniss [2019] ACTSC 283.

Facts

4.    The facts in relation to count 1 were agreed. They were summarised in my reasons in R v Chevalier [2021] ACTSC 14 at [4]-[12].

5.    The facts in relation to count 2 were agreed and are summarised as follows. On 22 January 2020 the offender was housed in a cell in the crisis support side of the Management Unit at the AMC and was under constant observation. At approximately 12:30pm, while alone in his cell, the offender covered the window of the cell door with a towel. A corrections officer who was observing the offender attempted to remove the towel. Two other corrections officers attempted to assist, however, they were prevented from doing so when the offender spat on them.

6.    Approximately 10 minutes…