SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY
Case Title: | R v Forrest (No 4) |
Citation: | [2017] ACTSC 200 |
DecisionDate: | 10 May 2017 |
Reasons Date: | 3 August 2017 |
Before: | Refshauge J |
Decision: | That [91] in the reasons for decision in R v Forrest (No 3) be amended by deleting “wholly” in sub-paragraphs 13, 29 and 36. |
Catchwords: | PRACTICE AND PROCEDURE - JUDGMENTS AND ORDERS - Orders of the Court - complex sentencing procedure - multiple charges - global sentencing - general sentences - no error in Court order - amendment to the reasons of the Court |
Legislation Cited: | Crimes Act 1914 (Cth), s 4K(4) |
Cases Cited: | A (A Child) (Appeal: Jurisdiction) [2014] EWCA Civ 871; [2014] 1 WLR 4453 Bruce and Curtis v The Queen [1971] Tas SR 22 |
Texts Cited: | Kate Warner, “General Sentences” (1987) 11 Criminal Law Journal 335 |
Parties: | The Queen (Crown) Michael Paul Forrest (Accused) |
Representation: | Counsel Ms T Skvortsova (Crown) Dr J De Bruin (Accused) |
| Solicitors ACT Director of Public Prosecutions (Crown) Legal Aid ACT (Accused) | |
File Numbers: | SCC 128 of 2016 SCC 129 of 2016 SCC 104 of 2017 SCC 105 of 2017 |
REFSHAUGE J:
In R v Forrest (No 2) [2017] ACTSC 83 at [1], I described the background to this matter as follows:
Between 13 and 25 July 2015, Michael Paul Forrest engaged in what might fairly be called a sustained rampage of criminality resulting in him being charged with 95 offences. He has also been charged with two offences arising out of events occurring between 9 and 12 September 2014.
Because of those events, Mr Forrest was committed to this Court on the 97 charges but an indictment containing 37 counts was ultimately presented and Mr Forrest pleaded guilty to all of them. The reduced number of counts from the committed offences was because a number of the counts were what are called “rolled-up counts”, the history and meaning of which I have explained in R v Forrest (No 2) at [161]-[164] and R v John [2017] ACTSC 144 at [106]-[107].
Nevertheless, the number of counts, much less than the number of offences, provides a…
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- R v Forrest (No 4) [2017] ACTSC 200
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- [2017] ACTSC 200
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CaseChat Overview and Summary
The court was required to determine whether the lower court had erred in its application of the sentencing principles, particularly in relation to the global sentencing approach and the imposition of concurrent sentences. The appellant contended that the lower court had misapplied the principles governing global sentencing, leading to an unjust outcome. The court also needed to consider whether the sentences imposed were proportionate and reflected the seriousness of the offences.
In delivering the judgment, the court found that the lower court had not erred in its application of the sentencing principles. The court noted that the sentences imposed were appropriate and reflected the seriousness of the offences. The court further determined that the global sentencing approach was correctly applied, and the imposition of concurrent sentences was justified. However, the court did identify a minor error in the reasons for the decision, specifically the use of the word "wholly" in certain sub-paragraphs. The court ordered that these references be amended to reflect the correct legal terminology.
The court concluded that there was no error in the orders of the lower court and dismissed the appeal. The court amended the reasons for the decision to correct the minor error identified. No further orders were made as the sentences imposed remained valid.
Orders
Orders of the court
That [91] in the reasons for decision in R v Forrest (No 3) be amended by deleting “wholly” in sub-paragraphs 13, 29 and 36.
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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