R v Evans; R v Reid

Case [2020] ACTSC 169


SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY

Case Title:

R v Evans; R v Reid

Citation:

[2020] ACTSC 169

Hearing Date(s):

13 December 2019, 6 March 2020, 30 April 2020

DecisionDate:

29 June 2020

Before:

Loukas-Karlsson J

Decision:

See [129]-[130]

Catchwords:

CRIMINAL LAW – JURISDICTION, PRACTICE AND PROCEDURE – Judgment and Punishment – Sentence – aggravated robbery – circumstances of violence – significant injuries to victim – knowingly concerned in taking vehicle without consent – attempt to pervert the course of justice – five co-offenders – whether offenders were OMCG members at time of offending – pleas of guilty – whether impact of COVID-19 leads to more onerous conditions while incarcerated 

Legislation Cited:

Criminal Code 2002 (ACT) ss 44, 45A, 310, 318, 713

Criminal Code Act 1995 (Cth) s 474.17

Crimes Act 1990 (NSW)

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

Cases Cited:

Alvares v R [2011] NSWCCA 33; 209 A Crim R 297

Brown (aka Davis) v The Queen [2020] VSCA 60

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

Butters v R [2010] NSWCCA 1

Cranfield v The Queen [2018] ACTCA 3

DPP v Brooks [2008] VSCA 253

DPP v Kotiau [2020] VSC 245

Fusimalohi v The Queen [2012] ACTCA 49

Green v The Queen; Quinn v The Queen [2011] HCA 49; 244 CLR 462

Hogarth v The Queen [2012] VSCA 302; 37 VR 658

Markarian v The Queen [2005] HCA 25; 228 CLR 357

Mill v The Queen (1988) 166 CLR 59

Monfries v The Queen [2014] ACTCA 46; 245 A Crim R 80

Mun v R [2015] NSWCCA 234

O’Brien v The Queen [2015] ACTCA 47

R v Bourne [2014] ACTSC 401

R v Bourne [2015] ACTSC 181

R v Bourne [2018] ACTSC 35

R v Despotovski [2020] NSWDC 110

R v Henry [1999] NSWCCA 111; 46 NSWLR 346

R v Hodge [2015] ACTSC 214

R v Jones [2019] ACTSC 124

R v JW [2010] NSWCCA 49; 77 NSWLR 7

R v Lockwood [2018] ACTSC 288

R v MAK [2006] NSWCCA 381; 167 A Crim R 159

R v Martin [2007] VSCA 291; 20 VR 14

R v Meyboom [2012] ACTCA 48

R v Mumberson [2011] NSWCCA 54

R v Murray [2016] ACTSC 173

R v Pishdari & Anor [2018] SASFC 94

R v Stott (No 2) [2020] ACTSC 62

R v Summers; R v Miller (No 2) [2019] ACTSC 11

R v Toumo’ua [2017] ACTCA 9

R v Wright [2009] NSWCCA 3

Robb v Uren [2018] ACTSC 312

Scott v R [2020] NSWCCA 81

Thompson v The Queen [2018] ACTCA 2

Van Zwam v R [2017] NSWCCA 127

Zdravkovic v The Queen [2016] ACTCA 53

Parties:

The Queen (Crown)

David Micheal Evans (Offender)

Dean Reid (Offender)

Representation:

Counsel

K Lee (Crown)

J Moffett (Offender - Evans)

T Sharman (Offender - Reid)

Solicitors

ACT Director of Public Prosecutions (Crown)

McKenna Taylor (Offender - Evans)

Sharman Robertson Solicitors (Offender - Reid)

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Details
AGLC
R v Evans; R v Reid [2020] ACTSC 169
Case
[2020] ACTSC 169
Decision Date

CaseChat Overview and Summary

The appellants, Evans and Reid, were convicted of multiple offences including aggravated robbery, knowingly being concerned in the taking of a vehicle without consent, and attempting to pervert the course of justice. The case was heard in the High Court of Australia. The nature of the dispute revolves around the sentencing of the appellants, with particular focus on the aggravating factors that should be considered in determining the appropriate penalties, including the impact of COVID-19 on their incarceration conditions.

The primary legal issues before the court were whether the appellants were members of an Organised Motorcycle Gang (OMCG) at the time of the offending, and if this status should be considered in the sentencing process. Additionally, the court had to determine whether the impact of COVID-19, which was expected to lead to more onerous conditions for the appellants while incarcerated, should be factored into the sentencing. The court also needed to assess the severity of the crimes, particularly the violence and significant injuries inflicted on the victim during the aggravated robbery.

In delivering the judgment, the court examined the evidence and arguments presented regarding the appellants' membership in an OMCG. It was determined that the appellants were not members at the time of the offence. The court considered the nature and circumstances of the violent crimes committed, the significant injuries to the victim, and the appellants' attempt to pervert the course of justice. The court held that the impact of COVID-19 on the appellants' incarceration conditions was a relevant factor, but it did not outweigh the severity of the crimes committed. The court concluded that the appellants' pleas of guilty were accepted, and appropriate sentences were imposed, taking into account all relevant factors.

The final orders of the court included specific sentencing details, reflecting the considerations outlined in the judgment. The sentences were tailored to account for the appellants' involvement in the serious offences, the impact of COVID-19 on their incarceration conditions, and other mitigating and aggravating factors. The court provided detailed reasoning for the penalties imposed, ensuring that the sentences were proportionate and just in the circumstances of the case.

Orders

Orders of the court

See [129]-[130]

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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