R v Hanson - [2022] ACTSC 107

SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY

Case Title:	R v Hanson
Citation:	[2022] ACTSC 107
Hearing Date:	13 May 2022
DecisionDate:	13 May 2022
Before:	Mossop J
Decision:	See [82]
Catchwords:	CRIMINAL LAW – JURISDICTION, PRACTICE AND PROCEDURE – Judgment and punishment – sentence – ride in a motor vehicle without consent – obtain property by deception – attempt to obtain property by deception – aggravated burglary – unauthorised possession of a firearm – being knowingly concerned in aggravated robbery – medium risk of general reoffending – breach of good behaviour orders – breach of suspended sentence – offending consistent with falling in with antisocial associates and drug use – pleas of guilty – real prospects of rehabilitation with stable employment, housing and responsibility for children – reduction in sentence for assistance to authorities – importance of deterrence and recognition of harm – terms of imprisonment imposed – imprisonment to be served by way of intensive correction order
Legislation Cited:	Crimes (Sentencing) Act 2005 (ACT), ss 10, 11, 36 Criminal Code 2002 (ACT), ss 44, 45, 45A 310, 312(a), 318(2), 326 Firearms Act 1996 (ACT), s 43(1)(iii)
Cases Cited:	The Queen v Ngata [2015] ACTSC 356
Parties:	The Queen (Crown) Jennifer Hanson (Offender)
Representation:	Counsel E Wren (Crown) J Moffett (Offender)
Solicitors ACT Director of Public Prosecutions (Crown) Paul Edmonds and Associates (Offender)
File Numbers:	SCC 33 of 2022 SCC 34 of 2022 SCC 66 of 2022

MOSSOP J:

Introduction

On 8 February 2022, the offender, Jennifer Hanson, pleaded guilty to the following offences:

(a)Two counts of riding in a motor vehicle without consent, contrary to s 318(2) of the Criminal Code 2002 (ACT). The maximum penalty is five years’ imprisonment, 500 penalty units or both.
(b)One count of obtaining property by deception, contrary to s 326 of the Criminal Code. The maximum penalty is 10 years’ imprisonment, 1000 penalty units or both.
(c)One count of attempting to obtain property by deception, contrary to s 326 of the Criminal Code by virtue of s 44 of the Criminal Code. The maximum penalty is 10 years’ imprisonment, 1000 penalty units or both.
(d)Aggravated burglary, contrary to s 312(a) of the Criminal Code. The maximum penalty is 20 years’ imprisonment, 2000 penalty units or both.

Each of these pleas were entered in the Magistrates Court of the Australian Capital Territory (ACT) after initial pleas of not guilty, but before the matter had been committed for trial.

On 10 March 2022, after an initial plea of not guilty and approximately six weeks before the hearing date, the offender pleaded guilty to one count of unauthorised possession of a firearm, contrary to s 43(1)(iii) of the Firearms Act 1996 (ACT). The maximum penalty is five years’ imprisonment.

On 13 May 2022, following criminal case conferencing, the offender pleaded guilty to one count of being knowingly concerned in an aggravated robbery, contrary to s 310 of the Criminal Code by virtue of s 45 of the Criminal Code. The…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

Continue reading R v Hanson

Details

AGLC: R v Hanson [2022] ACTSC 107
Case: [2022] ACTSC 107
Decision Date: 13 May 2022

CaseChat Overview and Summary

The case before the court involved the defendant, Hanson, who pleaded guilty to multiple charges including riding in a motor vehicle without consent, obtaining property by deception, attempting to obtain property by deception, aggravated burglary, unauthorised possession of a firearm, and being knowingly concerned in aggravated robbery. The court was required to determine an appropriate sentence, taking into account the defendant’s criminal history, the nature of the offences, and the likelihood of rehabilitation.

The court considered the totality of Hanson’s offending, his breach of good behaviour orders and suspended sentence, and the risk he posed to the community. Despite Hanson’s admissions of guilt, his history of associating with antisocial individuals and drug use, and his previous breaches of court orders, the court also recognised Hanson's prospects of rehabilitation, his stable employment, housing, and his responsibilities towards his children. Additionally, the court noted the defendant's assistance to the authorities, which warranted a reduction in his sentence. Balancing deterrence, the harm caused by the offences, and the potential for rehabilitation, the court imposed a term of imprisonment, to be served by way of an intensive correction order.

In conclusion, the court determined that the sentence should reflect the seriousness of the offences, the need for general deterrence, and Hanson’s potential for rehabilitation. The court ordered the terms of imprisonment to be served by way of an intensive correction order, providing Hanson with an opportunity to address his offending behaviour and reduce the likelihood of reoffending.

Orders

Orders of the court

See [82]

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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