R v Denniss

[2018] ACTSC 239

SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY

Case Title:

R v Denniss

Citation:

[2018] ACTSC 239

Hearing Date:

20 August 2018

DecisionDate:

20 August 2018

Before:

Mossop J

Decision:

See [40]

Catchwords:

CRIMINAL LAW – JURISDICTION, PRACTICE AND PROCEDURE – Judgment and punishment – sentencing – unlawfully at large – aggravated robbery – robbery occurred following conditional release on bail – poor criminal history – sentenced to imprisonment

Legislation Cited:

Crimes Act 1900 (ACT), s 162

Crimes (Sentencing) Act 2005 (ACT), ss 33(1)(m), 71, 72

Criminal Code 2002 (ACT), s 310(b)

Parties:

The Queen (Crown)

Tian-Jarrah Denniss (Offender)

Representation:

Counsel

C Muthurajah (Crown)

R Davies (Offender)

Solicitors

ACT Director of Public Prosecutions (Crown)

Legal Aid ACT (Offender)

File Number:

SCC 172 of 2018

MOSSOP J:

Introduction

1. The offender, Tian-Jarrah Denniss, has pleaded guilty to two charges. Both were committed on 24 May 2018. The first (CC2018/6973) is a charge that he was a person who had permission to leave a prison where he had been in custody and failed, without reasonable excuse, to return to that prison in accordance with that permission. This is a contravention of s 162 of the Crimes Act 1900 (ACT). The maximum penalty is 100 penalty units, imprisonment for five years or both. The second (CC2018/6974) is a charge of aggravated robbery of a liquor store in Braddon: Criminal Code 2002 (ACT), s 310(b). The items dishonestly appropriated were a bag, two bottles of Scotch whisky, an unknown quantity of cigarettes and between $1000 and $2000 belonging to the owner of the business. The maximum penalty for aggravated robbery is 2500 penalty units, imprisonment for 25 years or both. The circumstance of aggravation was that he had an offensive weapon with him, namely, a glass bottle.

Facts

1. On 24 May 2018 the offender, who was remanded in custody, was granted conditional release on bail from the Alexander Maconochie Centre (AMC) as a result of an order of the Magistrates Court. This was in order to make accommodation arrangements that were necessary if he was to obtain a place in a rehabilitation program. He was required to return to the AMC by 5pm that day. He did not do so. This gives rise to the contravention of s 162 of the Crimes Act.

1. At about 10:44pm that evening, the offender entered the Cellarbrations liquor store in Lonsdale Street, Braddon.  He was carrying a shopping bag that contained grocery items.  There was only one employee present in the shop at the time.  He asked the employee to get a bottle of Glenfiddich Scotch whisky and a bottle of rum out of a locked cabinet.  The employee kept the items on the counter being worried that the offender was not going to pay for them.  The offender asked about the purchase price of other items, apparently unable to make up his mind about what to purchase.  The employee believed that he was stalling so as to allow other customers to leave the store.  At about 10:50pm,…