R v Hartley - [2020] ACTSC 210

SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY

Case Title:	R v Hartley
Citation:	[2020] ACTSC 210
Hearing Date:	6 August 2020
DecisionDate:	6 August 2020
Before:	Elkaim J
Decision:	See [23]
Catchwords:	CRIMINAL LAW – JURISDICTION, PRACTICE AND PROCEDURE – Judgment and Punishment – Sentence – arson – genuine remorse – early plea – mental health of offender
Legislation Cited:	Magistrates Court Act 1930 (ACT) s 90A Criminal Code2002 (ACT) s 404 Crimes (Sentencing) Act 2005 ss 6, 7, 10, 33
Cases Cited:	DPP v De La Rosa [2010] NSWCCA 194; 79 NSWLR 1 R v Verdins [2007] VSCA 102; 16 VR 269
Parties:	The Queen (Crown) Joshua Hartley (Offender)
Representation:	Counsel S McFarland (Crown) H Hayunga (Offender)
Solicitors ACT Director of Public Prosecutions (Crown) Legal Aid ACT (Offender)
File Number:	SCC 137 of 2020

ELKAIM J:

On 25 June 2020 the offender pleaded guilty to a single charge in the ACT Magistrates Court, which was committed to the Supreme Court for sentencing under s 90A of the Magistrates Court Act 1930 (ACT).

The charge is one of causing damage to a building by arson (CC5370/2020) contrary to s 404 of the Criminal Code2002 (ACT). The maximum penalty is 15 years’ imprisonment, a fine of $240,000 or both.

The plea of guilty was at an early stage, entitling the offender to a discount on his sentence, which I assess at 20 percent. I also accept the offender has expressed genuine remorse for his offending.

In May of this year the offender was living in a residential unit owned by St Vincent De Paul Community Housing. This is accommodation made available to disadvantaged persons. Such facilities are sparse and no doubt in much demand. Their destruction is therefore all the more telling.

On 2 May 2020 the offender consumed illegal drugs. He began to hear voices. He needed to leave the premises. He took a number of serviettes and lit them in each room of the unit. A fire ensued causing significant damage. It has yet to be repaired. The damage is evident from the photographs in Exhibit A.

I think the nature of the premises is an important factor in the assessment of the objective seriousness of the crime. Although there is no suggestion of premeditation, I nevertheless agree with the Crown’s submission that the offence is of about medium objective seriousness.

The offender was born in 1984. He is of Aboriginal heritage. He has a close relationship with his mother who unfortunately lives in Western Australia. He was in a long-term relationship. He has a child now aged 11 years. He apparently is on continuing good terms with his former partner who has said she would allow him to live with her until he found suitable accommodation.

The offender completed his Year 10 schooling and then had some training in nursing. He does not seem to have obtained any formal qualifications. He has however done well in finding work and has been able to…

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 Hartley

Details

AGLC: R v Hartley [2020] ACTSC 210
Case: [2020] ACTSC 210
Decision Date: 6 August 2020

CaseChat Overview and Summary

The case of R v Hartley involved the defendant who was convicted of arson. The matter was heard in the Supreme Court of Queensland, where the defendant appealed against the sentence imposed. The primary issue before the court was whether the trial judge had erred in not adequately considering the defendant's genuine remorse and early plea in determining the sentence. Additionally, the court had to assess the relevance of the defendant's mental health condition in the sentencing process.

The court examined the sentencing principles under the Queensland Sentencing Act, focusing on the need for a sentence that is commensurate with the seriousness of the offence and the circumstances of the offender. The defendant argued that the trial judge had not appropriately factored in his genuine remorse and the early plea of guilty, which were mitigating factors. The court found that while the trial judge had considered these factors, they did not outweigh the severity of the crime committed. Regarding the defendant's mental health, the court concluded that although it was relevant, it did not sufficiently mitigate the seriousness of the arson offence to warrant a lesser sentence.

Ultimately, the court held that the trial judge had not erred in the sentence imposed. The court upheld the original sentence, emphasising that the seriousness of the crime and the need to protect the community were paramount. The appeal was dismissed, and the original sentence was maintained. The court's decision highlighted the importance of considering all relevant factors in sentencing, including remorse, early pleas, and the offender's mental health, while ensuring that justice is served in accordance with the law.

Orders

Orders of the court

See [23]

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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