R v Gordon

[2018] ACTSC 94

SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY

Case Title:

R v Gordon

Citation:

[2018] ACTSC 94

Hearing Date:

15 March 2018

DecisionDate:

15 March 2018

Before:

Murrell CJ

Decision:

For make demand with threats, sentenced to five months’ imprisonment from 1 January 2018.  For aggravated robbery, sentenced to three years’ imprisonment, suspended after 12 months on a two year good behaviour order.

Catchwords:

CRIMINAL LAW – JURISDICTION, PRACTICE AND PROCEDURE – Judgment and Punishment – Sentence – aggravated robbery – robbery committed in company – offensive weapon used to commit robbery – make demand with threats – young offender – significant criminal history – substance abuse – mental health issues

Legislation Cited:

Crimes Act 1900 (ACT) s 32(2)(a)

Crimes (Sentencing) Act 2005 (ACT) ss 7, 33

Criminal Code 2002 (ACT) s 310(a)

Parties:

The Queen (Crown)

Isaac John Gordon (Offender)

Representation:

Counsel

Mr J Walker (Crown)

Ms K Musgrove (Offender)

Solicitors

ACT Director of Public Prosecutions (Crown)

Paul Edmonds & Associates (Offender)

File Number:

SCC 321 of 2017

MURRELL CJ:

1. The offender pleaded guilty to the following offences committed on 24 September 2016: 

(a)aggravated robbery contrary to s 310(a) of the Criminal Code 2002 (ACT) (Criminal Code) – maximum penalty 25 years' imprisonment; and

(b)make demand with threats contrary to s 32(2)(a) of the Crimes Act 1900 (ACT) (Crimes Act) – maximum penalty, 10 years' imprisonment.

1. In relation to both offences, s 45A may but does not have to, be applied. 

1. The co-offender was a juvenile who will be dealt with separately.

Pleas of guilty and time served

1. The offender pleaded guilty at the sixth mention in the Magistrates Court and was committed to the Supreme Court for sentence.  He had been self‑represented at the first two mentions.  The brief of evidence was served before the pleas were entered.  The Crown case was very strong.  Nevertheless, having regard to the timing and utilitarian value of the pleas, he should receive a 20 per cent discount on the sentences that I would otherwise have imposed.

1. Prior to 5 January 2018, the offender spent four days in custody in connection with his arrest and breaches of bail.  On 5 January 2018, bail was refused.  The offender has been in custody since that date.  Having regard to the four days spent in custody before 5 January, the sentences will commence on 1 January 2018.

Facts

1. At about 1.00 am on Saturday, 24 September 2016, the victim posted on his Facebook profile requesting a lift from Civic to Bonython.  Using his Facebook alias, the co‑offender offered a lift for $20.00. 

1. At 1.35 am, the offender and co-offender drove the offender’s vehicle to agreed location at the rear of the Canberra Centre.  When the pair arrived, the offender moved from the front passenger seat to the rear passenger seat. This enabled the victim to sit in the front passenger seat.  The offender identified himself to the victim by his correct first name of Isaac.  The victim paid $20.00 for the lift.

1. During the journey…