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…
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- AGLC
- R v Denniss [2019] ACTSC 283
- Case
- [2019] ACTSC 283
- Decision Date
CaseChat Overview and Summary
The central legal issue before the court was to determine the appropriate sentence for Denniss's two arson offences, given the significant damage caused and the fact that the offences were committed while he was in custody. The court had to weigh the severity of the crimes, the potential for rehabilitation, and the possible role of a reparation order in the sentencing process. The court needed to balance these factors to ensure that the sentence was just and appropriate under the circumstances.
In reaching its decision, the court considered the nature and impact of the arson offences, the amount of damage caused, and the potential for Denniss to contribute to reparations. The court examined the circumstances under which the offences were committed and Denniss's criminal history, if any, to determine the appropriate sentence. The court concluded that a reparation order could be a useful component of the sentence, given the significant damage caused by the offences. Ultimately, the court found that the appropriate sentence for Denniss, considering all the factors, was one that included a reparation order.
The court ordered that Denniss be subject to a reparation order as part of his sentence for the two arson offences. The specific details of the reparation order were outlined in the court's judgment, which provided clarity on the terms and conditions that Denniss would need to fulfil as part of his sentence.
Orders
Orders of the court
See [39]
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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