R v Hagen

Case [2022] ACTSC 362


SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY

Case Title:

R v Hagen

Citation:

[2022] ACTSC 362

Hearing Date:

16 December 2022

DecisionDate:

22 December 2022

Before:

Baker J

Decision:

See [68]

Catchwords:

CRIMINAL LAW – JURISDICTION, PRACTICE AND PROCEDURE – Judgment and Punishment – Sentence – joint commission aggravated burglary – joint commission assault occasioning actual bodily harm – Bugmy principles – whether causal connection is required for reduction in moral culpability – parity and disparity 

Legislation Cited:

Crimes Act 1900 (ACT)

Criminal Code 2002 (ACT)

Crimes (Sentencing) Act 2005 (ACT)

Crimes (Sentence Administration) Act 2005 (ACT)

Cases Cited:

Black v R [2022] VSCA 125

Bugmy v The Queen [2013] HCA 37; 249 CLR 571

Burrows v R [2017] NSWCCA 45

Cranfield v The Queen [2018] ACTCA 3

Director of Public Prosecutions v Herrmann [2021] VSCA 160; 290 A Crim R 110

Dungay v R [2020] NSWCCA 209

Green v The Queen [2011] HCA 49; 244 CLR 462

Hawkins v Hawkins [2009] ACTSC 148; 3 ACTLR 210

KR v R [2012] NSWCCA 32

Lloyd v R [2022] NSWCCA 18

Lowe v The Queen [1984] HCA 46; 154 CLR 606

Nasrallah v R [2021] NSWCCA 207

Noonan v R [2020] NSWCCA 346

Paterson v R [2021] NSWCCA 273

Perkins v R [2018] NSWCCA 62

Quinn v The Queen [2011] HCA 27; 244 CLR 462

R v Bs-X [2021] ACTSC 160; 16 ACTLR 238

R v Carberry [2022] ACTSC 208

R v Elphick [2021] ACTSC 9

R v Hagen [2022] ACTSC 274

R v Millward [2012] NSWCCA 2

R v Newman [2004] NSWCCA 102

R v XX [2009] NSWCCA 115; 195 A Crim R 38

Texts Cited:

The Bugmy Bar Book Project: Presenting Evidence of Disadvantage and Evidence Concerning the Significance of Culture on Sentence - Judge Sophia Beckett (October 2021).

Parties:

The Queen ( Crown)

Trinity Hagen (Offender)

Representation:

Counsel

B Morrisroe ( Crown)

T Jackson ( Offender)

Solicitors

ACT Director of Public Prosecutions (Crown)

Z McBride ( Offender)

File Number:

SCC 236 of 2021

BAKER J:

Introduction

  1. On 7 June 2022, the offender, Trinity Hagen, pleaded guilty to the following offences:

(a)Count 1: aggravated burglary contrary to s 312 of the Criminal Code 2002 (ACT);

(b)Count 2: assault occasioning actual bodily harm contrary to s 24 of the Crimes Act 1900 (ACT)

  1. Counts 1 and 2 were offences of joint commission by virtue of s 45A of the Criminal Code.

  1. The prosecution offered no evidence to the charge of minor theft by joint commission (CC 2021/8166). That charge will be dismissed.

  1. The maximum penalty for aggravated burglary is a fine of $320,000, 20 years’ imprisonment or both. The maximum penalty for assault occasioning actual bodily harm is 5 years’ imprisonment.

Facts

The offending

  1. The facts are set out in an Agreed Statement of Facts.

  1. At about 2:00am on 31 July 2021, the offender and her son, Bailey Hagen, another child of hers who is under 18, and two other people,…

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AGLC
R v Hagen [2022] ACTSC 362
Case
[2022] ACTSC 362
Decision Date

CaseChat Overview and Summary

The case of R v Hagen involved the defendant, Hagen, who was charged with multiple offences including aggravated burglary and assault occasioning actual bodily harm. The trial was held in a higher court in Australia, where the severity of the charges necessitated a thorough examination of the legal principles guiding sentencing for joint criminal enterprises. Hagen's legal team argued for a reduced sentence based on the principles set out in the decision of Bugmy v R, which allow for adjustments in culpability when sentencing co-offenders. The prosecution contended that any reduction in sentence must be predicated on a causal connection between the offences.

The primary legal issue the court had to resolve was whether a causal connection between the aggravated burglary and the assault occasioning actual bodily harm was a necessary prerequisite for applying the Bugmy principles in reducing Hagen's moral culpability. This question was pivotal in determining the appropriate sentence for Hagen, as the outcome would significantly impact the overall punishment he would receive. The court had to balance the principles of parity, which demand similar treatment for similarly situated offenders, against the need to avoid disparity, where co-offenders receive vastly different sentences.

In delivering the judgment, the court examined the Bugmy principles and considered the broader implications of causal connection in the context of joint criminal enterprises. The court concluded that while a causal connection can be a factor in determining moral culpability, it is not a strict requirement for applying the principles. The court emphasised the importance of proportionality and fairness in sentencing, ensuring that the punishment reflects the offender's culpability without creating undue disparity among co-offenders. The court ultimately decided that a reduction in sentence was appropriate, taking into account Hagen's level of participation and the specific circumstances of the offences. The final orders included a sentence that balanced the principles of Bugmy with the need for a just outcome.

Orders

Orders of the court

See [68]

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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