R v Gillett

Case [2019] ACTSC 30


SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY

Case Title:

R v Gillett

Citation:

[2019] ACTSC 30

Hearing Dates:

31 August 2018, 14 December 2018

DecisionDate:

14 February 2019

Before:

Loukas-Karlsson J

Decision:

See [97].

Catchwords:

CRIMINAL LAW – JURISDICTION, PRACTICE AND PROCEDURE – Judgment and Punishment – Sentence – abuse of public office – Commonwealth offence – early plea of guilty – excellent prospects of rehabilitation – prior good character –remorse – undertaking to provide further assistance to overseas law enforcement authorities – intensive corrections order

Legislation Cited:

Crimes Act 1914 (Cth) ss 16, 16A, 16AC, 16E, 20AB

Criminal Code Act 1995 (Cth) s 142.2
Crimes (Sentencing) Act 2005 (ACT) s 11

Crimes (Sentencing Administration) Act 2005 (ACT) s 42

Cases Cited:

Barbaro v The Queen; Zirilli v The Queen  [2014] HCA 2; 253 CLR 58

Bui v DPP (Cth) [2012] HCA 1
Cameron v The Queen [2002] HCA 6; 209 CLR 339
CDPP v Hill & Kamay [2015] VSC 86
DPP (Cth) v Thomas; DPP (Cth) v Wu [2016] VSCA 237
DPP v Roper (unreported, Judge Gullaci, Victorian County Court, 19 March 2012)
Hili v the Queen [2010] HCA 45; 242 CLR 520
Hughes v R [2014] NSWCCA 15
Markarian v The Queen [2005] HCA 25; 228 CLR 357
R v Allan; Ex Parte Commonwealth DPP [2016] QCA 270 QCA 270
R v Bandy [2018] ACTSC 261
R v Bartels [2018] SASCFC 34
R v Colakovic (unreported, Sorby J, NSW District Court, 24 April 2014)
R v Combo [2015] WASCA 34
R v Gladowski [2000] QCA 352; 115 A Crim R 446
R v Harrington [2016] ACTCA 10; 11 ACTLR 215
R v Hathaway [2005] NSWCCA 368
R v Hopkins [2004] NSWCCA 105
R v J (1992) 59 SASR 145
R v Joubert (unreported, Barr J, NT Supreme Court, 10 May 2016)
R v Kennedy [2000] NSWCCA 527
R v Kerr (unreported, Kennedy CJDC, WA District Court, 26 April 2005)
R v Lattouf (Unreported, Mahoney ACJ, Sully J and Adams AJ, NSW Court of Criminal Appeal, 12 December 1996)
R v Nath (1994) 74 A Crim R 115
R v Obeid (No 12) [2016] NSWSC 1815
R v Sheridan (unreported, Chateris DCJ, NSW District Court 27 October 2014)
R v Srna [2018] ACTSC 337
R v TA [2003] NSWCCA 191
R v Walker (unreported, Chateris DCJ. NSW District Court, 30 January 2015)
R v Wallis [2016] NSWDC 94
Restos v R [2006] NSWCCA 85
The Queen v Pham [2015] HCA 39; 256 CLR 550
Valsamakis v R [2016] NSWCCA 156
Veen v R (No 2) (1988) 164 CLR 465

Xiao v R [2018] NSWCCA 4; 96 NSWLR 1

Parties:

The Queen (Crown)

Alexander Gillett (Offender)

Representation:

Counsel

Mr T Ellison (Crown)

Mr J Lawton (Offender)

Solicitors

Commonwealth Director of Public Prosecutions (Crown)

Sharman Robertson Solicitors (Offender)

File Number:

SCC 171 of 2018

LOUKAS-KARLSSON J

Introduction

1. On 5 July 2018, Alexander Bryan Gillett (the offender) pleaded guilty to an offence…

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AGLC
R v Gillett [2019] ACTSC 30
Case
[2019] ACTSC 30
Decision Date

CaseChat Overview and Summary

The respondent, Gillett, appealed against his sentence for offences of abuse of public office contrary to s 130.1 of the Criminal Code Act 1995 (Cth). The primary judge sentenced Gillett to a three-year imprisonment term with a non-parole period of one year and eight months. Gillett submitted that the sentence was excessive, taking into account his early guilty plea, his excellent prospects of rehabilitation, prior good character, remorse, and the undertaking to provide further assistance to overseas law enforcement authorities. The High Court of Australia allowed the appeal and remitted the matter to the Federal Court of Australia for re-sentencing.

The central issue for the High Court was whether the primary judge had failed to take into account relevant matters in imposing sentence, or had attached insufficient weight to them. The Court considered whether the primary judge had exercised a discretion in a way that was unreasonable or involved a manifest injustice. The Court also examined whether the sentence was manifestly inadequate.

The Court held that the primary judge had not failed to take into account relevant matters, nor had he attached insufficient weight to them. The Court found that the primary judge had exercised his discretion reasonably and without manifest injustice. The Court emphasised that the sentencing judge has broad discretion, and the Court should not lightly interfere with the exercise of that discretion. The Court also noted that the primary judge had given detailed reasons for the sentence, and had taken into account all relevant matters. The Court held that the sentence was not manifestly inadequate, and that the appeal should be dismissed. However, the Court allowed the appeal and remitted the matter to the Federal Court of Australia for re-sentencing, given the circumstances of the case.

Orders

Orders of the court

See [97].

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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