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R v Forrest (No 2)

R v Forrest (No 2)

Case [2021] ACTSC 259 12 October 2021

Criminal Liability

Mens Rea & Intention

Aggravated & Exemplary Damages

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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 Crimes Act 1900 (ACT) s 24 Criminal Code 2002 (ACT) ss 47, 308, 310, 311, 318, 326, 403 Firearms Act 1996 (ACT) s 43 Legislation Act 2001 (ACT) Road Transport (Driver Licensing) Act 1999 (ACT) s 32 Road Transport (Third Party Insurance) Act 2008 (ACT) s 17 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 Cranfield v The Queen [2018] ACTCA 3 R v Baker [2020] ACTSC 186 R v Forrest [2015] ACTSC 283 R v Forrest (No 2) [2017] ACTSC 83 R v Forrest (No 3) [2017] ACTSC 168; 12 ACTLR 155 R v Johnstone (No 2) [2019] ACTSC 39
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…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

Continue reading R v Forrest (No 2)

Details

AGLC: R v Forrest (No 2) [2021] ACTSC 259
Case: [2021] ACTSC 259
Decision Date

CaseChat Overview and Summary

In the Supreme Court of the Australian Capital Territory, Michael Paul Forrest was convicted on 12 counts, relating to six incidents that occurred over a one-month period. The charges were for offences including aggravated robbery, damaging property, burglary, theft, obtaining property by deception, riding in a motor vehicle taken without consent, assault occasioning actual bodily harm, unauthorised possession of a firearm, driving while disqualified, and incitement to commit an offence. The court had to determine the appropriate sentence for the offender, taking into account the seriousness of the offences, the offender's history of offending and rehabilitation attempts, and the sentencing purposes of deterrence, denunciation, and rehabilitation. The court also had to consider the concurrency of sentences for offences committed while the offender was in lawful custody. The court found the offences to be extremely serious, particularly those involving firearms and violence. The offender had a long history of offending, substance abuse, and failed rehabilitation attempts, but also showed some willingness to engage in rehabilitation programs during the current period of incarceration. The court imposed a total sentence of 12 years and 10 months' imprisonment, with a nonparole period of 8 years and 6 months. The sentence for incitement to commit an offence was ordered to be served concurrently with the sentences for the other offences.

Orders