SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY
Case Title: | R v Hall |
Citation: | [2015] ACTSC 115 |
Hearing Dates: | 17 April and 8 May 2015 |
DecisionDates: | 17 April and 8 May 2015 |
Before: | Murrell CJ |
Decision: | Seven days’ imprisonment for the offences of damage property and theft. 15 months’ imprisonment for the offence of attempt to take motor vehicle without consent, suspended upon the offender entering into a 12 month good behaviour order |
Category: | Sentence |
Catchwords: | CRIMINAL LAW – Sentence – damage property – theft – attempt take motor vehicle without consent – rehabilitation |
Legislation Cited: | Crimes (Sentencing) Act 2005 (ACT) ss 7, 12, 33 35 Criminal Code 2002 (ACT) ss 44(1), 308, 318(1), 403(1) |
Parties: | The Queen (Crown) Marley Hall (Offender) |
Representation: | Counsel Mr S McLaughlin (Crown) Mr M Toole (Offender) |
| Solicitors ACT Director of Public Prosecutions (Crown) Legal Aid ACT (Offender) | |
File Numbers: | SCC 126 of 2014; SCC 127 of 2014 |
Murrell CJ:
The Offences
The offender adheres to pleas of guilty to the following offences committed on 26 October 2013:
(a)Damage property (two counts), (causing damage to two vehicles), contrary to s 403(1) of the Criminal Code 2002 (ACT) (the Criminal Code). The maximum penalty is 10 years’ imprisonment and/or a fine.
(b)Attempt to take motor vehicle without consent (one of the vehicles subject of the damage property offences), contrary to s 318(1) of the Criminal Code (by virtue of s 44(1)). The maximum penalty is five years’ imprisonment and/or a fine.
(c)Theft (taking a pair of sunglasses), contrary to s 308 of the Criminal Code. The maximum penalty is 10 years’ imprisonment and/or a fine.
The offender entered a plea of guilty in respect of all charges about six weeks before the trial was listed to commence and after plea negotiations. Pursuant to s 35 of the Crimes (Sentencing) Act 2005 (ACT) (the Sentencing Act), the appropriate discount is about 15%.
Background to the Offences
On 26 October 2013, between 4.15pm and 5pm, the offender attended commercial premises and went to the car park. He gained entry to a blue Ford Courier vehicle by smashing the driver's side window and then interfering with the driver's door locking mechanism. His palm print was left on the vehicle. This action is the subject of the first of the damage property charges.
He also gained entry to a white Toyota RAV4 by smashing the rear driver's side window and thereby gaining access to the vehicle. In attempting to start the vehicle without keys, he caused damage to the vehicle dash and ignition, rendering the ignition inoperable. His blood was left on the vehicle. This action is the subject of the second of the damage property charges and the attempt to take motor vehicle without consent charge.
He removed a pair of sunglasses from the Toyota RAV4 vehicle. This is the subject of the theft charge.
Reparation of $66 is sought in relation to the blue Ford Courier vehicle and $739.76 is sought in relation to the…
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- AGLC
- R v Hall [2015] ACTSC 115
- Case
- [2015] ACTSC 115
- Decision Date
CaseChat Overview and Summary
The court identified that the offences were serious, involving a level of premeditation and dishonesty. The defendant had damaged a property, stolen items, and attempted to steal a motor vehicle, actions that showed a disregard for the rights and property of others. The court considered the defendant's background, including previous convictions, and his potential for rehabilitation. The court was required to balance the need for punishment and deterrence with the opportunity for the defendant to reform and reintegrate into society.
The court determined that the defendant's offending behaviour warranted a custodial sentence for the attempt to take a motor vehicle without consent, given the seriousness of the offence and the defendant's criminal history. A sentence of 15 months' imprisonment was imposed, but was suspended on the condition that the defendant enter into a 12 month good behaviour order. For the other two offences, the court imposed a sentence of seven days' imprisonment, recognising the defendant's potential for rehabilitation and the lesser seriousness of these offences compared to the attempted motor vehicle theft. The court's decision reflected a balanced approach, aiming to address the harm caused by the defendant's actions while also providing an opportunity for rehabilitation.
Orders
Orders of the court
Seven days’ imprisonment for the offences of damage property and theft. 15 months’ imprisonment for the offence of attempt to take motor vehicle without consent, suspended upon the offender entering into a 12 month good behaviour order
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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