SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY
Case Title: | R v Forrest (No 2) |
Citation: | [2021] ACTSC 259 |
Hearing Date: | 11 October 2021 |
DecisionDate: | 12 October 2021 |
Before: | Murrell CJ |
Decision: | Total new sentence of 12 years and 10 months’ imprisonment |
Catchwords: | CRIMINAL LAW – JURISDICTION, PRACTICE AND PROCEDURE – Judgment and Punishment – Sentence – aggravated robbery – damaging property – burglary – theft – obtaining property by deception – ride in motor vehicle taken without consent – assault occasioning actual bodily harm – unauthorised possession of firearm – driving while disqualified – incitement to commit offence of taking prohibited things into correctional centre – driving unregistered vehicle – driving uninsured vehicle – where offender experienced traumatic upbringing – where offender on conditional liberty at time of offending – concurrency of sentences where one offence committed in lawful custody |
Legislation Cited: | Crimes (Sentence Administration) Act 2005 (ACT) s 161 Crimes (Sentencing) Act 2005 (ACT) ss 64, 70, 72, pt 4.4 Road Transport (Vehicle Registration) Act 1999 (ACT) s 18 |
Cases Cited: | Biddle v Gatherer [2021] ACTSC 236 Bugmy v The Queen [2013] HCA 37; 249 CLR 571 |
Parties: | The Queen ( Crown) Michael Paul Forrest ( Offender) |
Representation: | Counsel ACT Director of Public Prosecutions ( Crown) Legal Aid ( Offender) |
| Solicitors K McCann ( Crown) S McLaughlin ( Offender) | |
File Number(s): | SCC 46, 47, 48, 80 of 2021 |
MURRELL CJ:
Introduction
The offender pleaded guilty to 12 offences, relating to six incidents.
The incidents occurred on 6 October 2019, 27 October 2019, 3 November 2019, 4 November 2019, 5 November 2019 and 5–8 November 2019.
The offences are:
(a)Three counts of aggravated robbery, or attempted aggravated robbery, contrary to s 310 of the Criminal Code 2002 (ACT) (Criminal Code).
The maximum penalty for each offence is 25 years’ imprisonment, a fine of $400,000, or both.
(b)One count of damaging property, contrary to s 403(1) of the Criminal Code.
The maximum penalty for this offence is 10 years’ imprisonment, a fine of $160,000, or both.
(c)One count of burglary, contrary to s 311 of the Criminal Code.
The maximum penalty for this offence is 14 years’ imprisonment, a fine of $224,000, or both.
(d)One count of theft, contrary to s 308 of the Criminal Code.
The maximum penalty for this offence is 10 years’ imprisonment, a fine of $160,000, or both.
(e)One count of obtaining property by deception, contrary to s 326 of the…
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