R v Dowden-Carlisle

Case [2023] ACTSC 169


SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY

Case Title:

R v Dowden-Carlisle

Citation:

[2023] ACTSC 169

Hearing Date:

20 June 2023

DecisionDate:

7 July 2023

Before:

Norrish AJ

Decision:

See [114]

Catchwords:

CRIMINAL LAW – JURISDICTION, PRACTICE AND PROCEDURE – Judgment & Punishment – Sentence – murder – use of knife in a public place – young offender – prior criminal history – breaches of conditional liberty – childhood ADHD – drug and alcohol dependence – contemporaneous sentencing practices – contrition

Legislation Cited:

Crimes Act 1900 (ACT) s 12
Crimes (Restorative Justice) Act 2004 (ACT) s 19

Crimes (Sentencing) Act 2005 (ACT) ss 7, 10, 33, 35; Part 8A
Intoxicated People (Care and Protection) Act1994 (ACT)

Cases Cited:

Barbaro v The Queen [2012] VSCA 288; 226 A Crim R 354

Beniamini v Craig [2017] ACTSC 30
Blundell v The Queen [2019] ACTCA 34
Bugmy v The Queen (1990) 169 CLR 525

Bugmy v The Queen [2013] HCA 37; 249 CLR 571
CD v The Queen
[2013] VSCA 95

Cooke (a pseudonym) v The Queen [2022] ACTCA 44; 18 ACTLR 204
Culbert v R [2021] NSWCCA 38
Dawson v The Queen [2019] ACTCA 9
Director of Public Prosecutions (DPP) v AK [2019] VSC 852

DPPv Ledlin [2022] VSC 826
DPP v Taylor [2023] ACTSC 39

Forster-Jones v The Queen [2020] ACTCA 31
Imbornone v The Queen [2017] NSWCCA 144
Lyddy v The Queen [2019] VSCA 35
Markarian v The Queen [2005] HCA 25; 228 CLR 357
Martin v The Queen [2015] ACTCA 38
Monfries v The Queen [2014] ACTCA 46; 245 A Crim R 80

Muldrock v The Queen [2011] HCA 39; 244 CLR 120
Munro v The Queen
[2006] NSWCCA 350
R v AEM [2002] NSWCCA 58
R v Athuai
[2007] VSCA 2

R v Cicekdag [2004] NSWCCA 357; 150 A Crim R 299
R v Crabbe (1985) 156 CLR 464
R v Dean [2013] NSWSC 1027
R v Fernando [2002] NSWCCA 28
R v Hawkins [2019] ACTSC 10
R v Henry [1999] NSWCCA 111; 46 NSWLR 346
R v Kilic [2016] HCA 48; 259 CLR 256
R v Kourpanidis [2021] ACTSC 112
R v Lee [2017] ACTCA 30
R v Massey (Unreported, Supreme Court of the ACT, Gray J, 28 July 2011)
R v O’Donnell [2009] NSWSC 42
R v Palu [2002] NSWCCA 381; 134 A Crim R 174
R v Tuala [2015] NSWCCA 8; 248 A Crim R 502
R v Tuifua [2021] ACTSC 298
R v Verdins [2007] VSCA 102; 16 VR 240

R v Way [2004] NSWCCA 131; 60 NSWLR 168
R v Youkhana [2004] NSWCCA 412

Veen v The Queen(No 2) (1988) 164 CLR 465

Parties:

Director of Public Prosecutions ( Crown)

Kenan Dowden-Carlisle ( Offender)

Representation:

Counsel

A Williamson SC ( Crown)

K Weston-Scheuber ( Offender)

Solicitors

ACT Director of Public Prosecutions

Legal Aid ACT ( Offender)

File Number:

SCC 163 of 2022

NORRISH AJ:

Introduction

  1. The…

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AGLC
R v Dowden-Carlisle [2023] ACTSC 169
Case
[2023] ACTSC 169
Decision Date

CaseChat Overview and Summary

In the Supreme Court of the Australian Capital Territory, the Director of Public Prosecutions (Crown) prosecuted Kenan Dowden-Carlisle (offender) for an offence of murder committed on 4 December 2021. The offender pleaded guilty to the charge on 28 February 2023. The offender was 19 years of age at the time of the offence. The victim was 29 years of age. The offender was sentenced by Norrish AJ to 14 years and 6 months’ imprisonment, commencing on 4 January 2022 and ending on 3 July 2036, with a nonparole period of 10 years commencing on the same date and expiring on 3 January 2032. The offender was sentenced on the basis that the circumstances in which the offence was committed placed the offence in the “lower category of seriousness” of the crime of murder. The Crown’s submission that the offence was one of “revenge”, “vigilante justice” or “criminal underworld enforcement” was rejected by the Court. The offender was found to have demonstrated genuine remorse and taken responsibility for his conduct, and the Court recognised the utilitarian value of the offender’s plea of guilty. The offender’s prospects of rehabilitation were found to be favourable, and the Court made recommendations for counselling and treatment of the offender within and outside of custody.

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

RA J

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Ratio Decidendi

Legal Principle Established

Established by: RA J

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