The Queen v PM (No 2)
[2015] ACTSC 358
Para 1
…] NSWCCA 2; 168 A Crim R 379 at [23]. Nevertheless, there has been a recognition that justice may require a different response: The Queen v PM (No 2) [2015] ACTSC 358 at [20].…
Kelly v The Queen
[2021] ACTCA 15
Para 1
…uthor stated, “it is always necessary for the court to take a last look at the total just to see whether it looks wrong”: see Kelly v The Queen [2021] ACTCA 15 at [72].…
R v KS; R v KN; R v KI (No 2)
[2021] ACTSC 23
Para 1
…to suggest that it has the same (mitigatory) relevance for all the purposes of punishment: at [43]. See also R v KS; R v KN; R v KI (No 2) [2021] ACTSC 23 at [138]-[140].…
R v Bennett; R v Simonds
[2020] ACTSC 221
Para 1
…In R v Bennett; R v Simonds [2020] ACTSC 221 the co-offenders entered pleas of guilty to two counts of aggravated burglary, and a number of theft and property damage charges. A stolen vehicle was used to ram a wall of an electrical goods store. $14,000 of electrical items were stolen, and $33,000 of damage was caus…
R v BC
[2020] ACTSC 308
Para 1
…As I stated in R v BC [2020] ACTSC 308 at [35], there is no presumption in favour of imposing the sentence that was suspended: Guy v Anderson [2013] ACTSC 5 at [83]-[87]. I further note that failure of the courts to act where there has been a clear breach of the bond by which the offender avoided being sent to pris…
R v Holt
[2020] ACTSC 311
Para 1
…In R v Holt [2020] ACTSC 311 ( R v Holt ) two co-offenders approached the victim in a car park at night as she was placing groceries in her car. The co-offenders were armed with a knife and a copper pipe, and made demands for money. The victim ran at the co-offenders, yelling at them to ‘get away’, which they did.…
Sirl v The Queen; The Queen v Sirl
[2020] ACTCA 37
Para 1
…Counsel for the offender referred to Sirl v The Queen; The Queen v Sirl [2020] ACTCA 37 at [247] where the Court of Appeal noted that the “the overall sentence must not be crushing nor stultify the respondent’s opportunity for rehabilitation”. Reference was also made to the principles set out in O'Brien v The Quee…
R v Lindsay
[2020] ACTCA 25
Para 1
…ticulated in R v Verdins [2007] VSCA 102; 16 VR 269 ( Verdins ) (T45.13-30 3.2.21) however, counsel referred the Court to the decision of R v Lindsay [2020] ACTCA 25 at [35] which adopted the approach to causal connection and moral culpability in Muldrock v The Queen [2011] HCA 39; 244 CLR 120, and Ngata v The Que…
Ngata v The Queen
[2020] ACTCA 18
Para 1
…[35] which adopted the approach to causal connection and moral culpability in Muldrock v The Queen [2011] HCA 39; 244 CLR 120, and Ngata v The Queen [2020] ACTCA 18, where the Court of Appeal stated at [21]:…
R v McCurley
[2020] ACTSC 140
Para 1
…In R v McCurley [2020] ACTSC 140 the offender committed a series of attempted and aggravated burglaries in company at a café, post office, newsagency, car wash, warehouse, and a car yard. The offender entered pleas of guilty to 19 offences in total. A stolen vehicle was used as a battering ram to gain entry in thre…
R v Goolagong
[2020] ACTSC 67
Para 1
…Upon conviction, the offender will be in breach of a good behaviour order imposed by Walker AJ in R v Goolagong [2020] ACTSC 67 (SCC 7 of 2019; SCC 326 of 2019) in relation to the following offences:…
Blundell v The Queen
[2019] ACTCA 34
Para 1
…I will allow a 20 per cent discount for the pleas of guilty: see Blundell v The Queen [2019] ACTCA 34.…
R v Kumar
[2019] ACTSC 263
Para 1
…lth covers a broad scope of conduct, encompassing an array of arguably distinct acts. Counsel for the prosecution referred to the matter of R v Kumar [2019] ACTSC 263 ( R v Kumar ) at [10], in which Elkaim J made an assessment of the objective seriousness of two acts of endangering health involving interference wit…
R v Collins
[2019] ACTSC 302
Para 1
…In R v Collins [2019] ACTSC 302, I sentenced the offender for a series of offences including property damage, traffic offences, obtain property by deception, and the offence of aggravated, furious, reckless or dangerous driving. The offender was driving a stolen motor vehicle. The offender disobeyed a verbal direct…
R v Irwin
[2019] NSWCCA 133
…017] ACTSC 83 R v Goolagong [2020] ACTSC 67 R v Henry [1999] NSWCCA 111; 46 NSWLR 346 R v Holt [2020] ACTSC 311 R v Horne [2017] ACTSC 36 R v Irwin [2019] NSWCCA 133 R v Johnstone [2016] ACTSC 112 R v KS; R v KN; R v KI (No 2) [2021] ACTSC 23 R v Kumar [2019] ACTSC 263 R v Lindsay [2020] ACTCA 25 R v Lockwood [2018]…
R v Morales
[2019] ACTSC 88
Para 1
…onths’ imprisonment for the attempted aggravated robbery offence, to be served by way of intensive corrections order: R v Morales [2019] ACTSC 88.…
R v Muell
[2019] ACTSC 77
Para 1
…r the offender accepted that this offence was objectively serious, but drew a distinction between this offending and the comparable case of R v Muell [2019] ACTSC 77 ( R v Muell ) referred to by the prosecution, and summarised below. Counsel for the offender submitted that the offending conduct in R v Muell had be…
R v Beattie
[2019] ACTSC 12
Para 1
…In R v Beattie [2019] ACTSC 12 two co-offenders attempted to rob a McDonalds drive-through in a stolen motor vehicle. They threatened the pickup point cashier with a gun and demanded cash. The cashier closed the window and the offender’s left without obtaining any money. The offence was captured on CCTV, the co-of…
R v Lockwood
[2018] ACTSC 288
Para 1
…In R v Lockwood [2018] ACTSC 288 at [51], I noted the following with regard to the offence of burglary:…
DPP v Dalgliesh (a pseudonym)
[2018] HCA 41
Para 1
…offences. Additionally, it should be noted that, as the High Court stated in Director of Public Prosecutions v Dalgliesh (a pseudonym) [2017] HCA 41; 262 CLR 428 at [4]:…
R v Miller
[2018] ACTSC 244
Para 1
…Relevantly, as I stated in R v Miller [2018] ACTSC 244 at [57], in Veen v R (No 2) (1988) 164 CLR 465 at 476, the High Court emphasised that the guideposts that are the purposes of sentencing sometimes point in different directions:…
Williams v The Queen
[2018] ACTCA 4
Para 1
…he sentence in respect of a charge of culpable driving causing grievous bodily harm by two months. The appeal was otherwise dismissed: Williams v R [2018] ACTCA 4.…
R v Bright
[2017] ACTSC 328
Para 1
…In R v Bright [2017] ACTSC 328 the offender and two others used a stolen motor vehicle to ram a roller door and gain entry to a Supermarket. $12,876.96 of alcohol and cigarettes were stolen, and $28,206.35 of damage was caused to the store and its stock. The offence was planned, and occurred at night while the prem…
Director of Public Prosecutions v Dalgliesh (a pseudonym)
[2017] HCA 41
Para 1
…mitted similar offences. Additionally, it should be noted that, as the High Court stated in Director of Public Prosecutions v Dalgliesh (a pseudonym) [2017] HCA 41; 262 CLR 428 at [4]:…
R v Booth
[2017] ACTSC 191
Para 1
…Counsel for the prosecution referred to the matter of R v Booth [2017] ACTSC 191 at [11] in which Penfold J held that the offence of drive motor vehicle without consent is aggravated in circumstances where the vehicle is used in the furtherance of other criminal conduct and becomes involved in a police pursuit.…
R v Toumo'ua
[2017] ACTCA 9
Para 1
…a sentencing judge to confine themselves to identifying features of the case that inform the objective seriousness of that case” ( R v Toumo’ua [2017] ACTCA 9; 12 ACTLR 103 ( Toumo’ua ) at [24]). The identifying features of all offences are identified as I have discussed above.…
R v BI (No 4)
[2017] ACTSC 71
Para 1
…Counsel for the prosecution referred to the matter of R v BI (No 4) [2017] ACTSC 71 ( R v BI ) at [40] in relation to the applicable principles in respect of offences involving an ‘attempt’, and the NSW Court of Criminal Appeal authority of R v Henry [1999] NSWCCA 111; 46 NSWLR 346 ( R v Henry ) in relation to the…
R v Forrest (No 2)
[2017] ACTSC 83
Para 1
…s at commercial premises”, an approach which has since been adopted in R v Horne [2017] ACTSC 36 at [22] (per Refshauge J) and R v Forrest (No 2) [2017] ACTSC 83.…
R v Williams
[2017] ACTSC 298
Para 1
…In R v Williams [2017] ACTSC 298 the offender drove through a residential area in a dangerous manner while attempting to evade police, and failed to stop when directed by police to do so. A number of pedestrians were in the vicinity at the time. The offender was a 34 year old Aboriginal man with an extensive crimin…
R v Horne
[2017] ACTSC 36
Para 1
…mises are frequently treated as being more serious than burglaries at commercial premises”, an approach which has since been adopted in R v Horne [2017] ACTSC 36 at [22] (per Refshauge J) and R v Forrest (No 2) [2017] ACTSC 83.…
R v Carmody
[2016] ACTSC 382
Para 1
…mstances and the amount of damage caused were relevant to the assessment of the objective seriousness of the damage property offence: see R v Carmody [2016] ACTSC 382 at [62]. Counsel for the prosecution submitted that it was relevant that the damage was caused in the ‘ram raid’, which was the aggravating feature o…
Zdravkovic v The Queen
[2016] ACTCA 53
Para 1
…fix an appropriate sentence for each offence and then consider questions of accumulation or concurrence, as well as totality: Zdravkovic v The Queen [2016] ACTCA 53 at [64] ( Zdravkovic ). The real question is whether the total sentence is “just and appropriate” to reflect the total criminality: Mill v The Queen…
Millard v The Queen
[2016] ACTCA 14
Para 27
…two years and six months”: Fusimalohi v The Queen [2012] ACTCA 49 at [51]; Heard v The Queen [2015] ACTCA 6 at [27]-[32]; Millard v The Queen [2016] ACTCA 14 at [44]-[45].…
R v Johnstone
[2016] ACTSC 112
Para 1
…In R v Johnstone [2016] ACTSC 112 the offender and a co-offender used a stolen motor vehicle to ram doors and enter Gungahlin Shopping Centre. They then used the vehicle to break into a jewellery store within the Shopping Centre, stealing $29,083.07 of jewellery and causing $9000 of damage to the store, and $50,000…
R v Pham
[2015] HCA 39
Para 1
…Bare sentencing statistics provide limited assistance: R v Pham [2015] HCA 39; 256 CLR 550. Statistics do not provide information about why sentences were fixed as they were in each case: Hili v the Queen [2010] HCA 45; 242 CLR 520 ( Hili ). There are a number of decisions of this court relating to offenders who…
O'Brien v The Queen
[2015] ACTCA 47
…v The Queen [2014] ACTCA 46; 245 A Crim R 80 Muldrock v The Queen [2011] HCA 39; 244 CLR 120 Ngata v The Queen [2020] ACTCA 18 O’Brien v The Queen [2015] ACTCA 47 O'Brien v The Queen [2015] ACTSC 47 R v BC [2020] ACTSC 308 R v Beattie [2019] ACTSC 12 R v Bennett; R v Simonds [2020] ACTSC 221 R v BI (No 4) [2017]…
Heard v The Queen
[2015] ACTCA 6
Para 51
…n the range of imprisonment for from one year to two years and six months”: Fusimalohi v The Queen [2012] ACTCA 49 at [51]; Heard v The Queen [2015] ACTCA 6 at [27]-[32]; Millard v The Queen [2016] ACTCA 14 at [44]-[45].…
R v BJ
[2015] ACTSC 47
Para 1
…rushing nor stultify the respondent’s opportunity for rehabilitation”. Reference was also made to the principles set out in O'Brien v The Queen [2015] ACTSC 47 ( O’Brien v The Queen ) at [26]. Counsel for the offender submitted that should be a level of concurrency for the offences which were in the same course of…
Monfries v The Queen
[2014] ACTCA 46
Para 1
…In Monfries v The Queen [2014] ACTCA 46; 245 A Crim R 80 it was noted that the ACT courts have adopted an approach to s 35 discounts that is similar to NSW at [47]. However, the ACT statutory scheme does differ from that of NSW: see Toumo’ua at [50].…
Bugmy v The Queen
[2013] HCA 37
Para 1
…submitted that such factors were one of a number which could be taken into account in accordance with the principles elucidated in Bugmy v The Queen [2013] HCA 37; 249 CLR 571 ( Bugmy ). Counsel for the prosecution correctly accepted that Bugmy principles were relevant to the present circumstances (T42.14-15 3.…
Simonds v The Queen
[2013] ACTCA 13
Para 1
…In R v Simonds [2013] ACTCA 13, the ACT Court of Appeal stated at [54] that “[b]urglaries at residential premises are frequently treated as being more serious than burglaries at commercial premises”, an approach which has since been adopted in R v Horne [2017] ACTSC 36 at [22] (per Refshauge J) and R v Forrest (No…
Guy v Anderson
[2013] ACTSC 5
Para 1
…As I stated in R v BC [2020] ACTSC 308 at [35], there is no presumption in favour of imposing the sentence that was suspended: Guy v Anderson [2013] ACTSC 5 at [83]-[87]. I further note that failure of the courts to act where there has been a clear breach of the bond by which the offender avoided being sent to pr…
Fusimalohi v The Queen
[2012] ACTCA 49
Para 51
…burglary, though they are “generally within the range of imprisonment for from one year to two years and six months”: Fusimalohi v The Queen [2012] ACTCA 49 at [51]; Heard v The Queen [2015] ACTCA 6 at [27]-[32]; Millard v The Queen [2016] ACTCA 14 at [44]-[45].…
R v Meyboom
[2012] ACTCA 48
Para 1
…s whether the total sentence is “just and appropriate” to reflect the total criminality: Mill v The Queen (1988) 166 CLR 59 ( Mill ); R v Meyboom [2012] ACTCA 48 at [66]; Zdravkovic at [71].…
Jinnette v R
[2012] NSWCCA 217
Para 1
…e context of the necessity for a longer parole period and a finding of special circumstances: see Jackson v R [2010] NSWCCA 162 at [24]; Jinnette v R [2012] NSWCCA 217 ( Jinnette v R ) at [98]; [103]; Dyer v R [2011] NSWCCA 185 at [50]. The Courts have made it clear that if institutionalisation has already occurred,…
Muldrock v The Queen
[2011] HCA 39
Para 1
…to the decision of R v Lindsay [2020] ACTCA 25 at [35] which adopted the approach to causal connection and moral culpability in Muldrock v The Queen [2011] HCA 39; 244 CLR 120, and Ngata v The Queen [2020] ACTCA 18, where the Court of Appeal stated at [21]:…
Dyer v R
[2011] NSWCCA 185
Para 1
…finding of special circumstances: see Jackson v R [2010] NSWCCA 162 at [24]; Jinnette v R [2012] NSWCCA 217 ( Jinnette v R ) at [98]; [103]; Dyer v R [2011] NSWCCA 185 at [50]. The Courts have made it clear that if institutionalisation has already occurred, the focus may be on ensuring that there is a sufficient per…
Hogan v Hinch
[2011] HCA 4
Para 1
…I draw on the statement of French CJ in Hogan v Hinch [2011] HCA 4; 243 CLR 506 at [32]:…
Hili v The Queen
[2010] HCA 45
Para 1
…R v Pham [2015] HCA 39; 256 CLR 550. Statistics do not provide information about why sentences were fixed as they were in each case: Hili v the Queen [2010] HCA 45; 242 CLR 520 ( Hili ). There are a number of decisions of this court relating to offenders who committed similar offences. Additionally, it should be…
Jackson v R
[2010] NSWCCA 162
Para 1
…ed in a number of decisions in NSW in the context of the necessity for a longer parole period and a finding of special circumstances: see Jackson v R [2010] NSWCCA 162 at [24]; Jinnette v R [2012] NSWCCA 217 ( Jinnette v R ) at [98]; [103]; Dyer v R [2011] NSWCCA 185 at [50]. The Courts have made it clear that if in…