R v Hodge

[2019] ACTSC 15

SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY

Case Title:

R v Hodge

Citation:

 [2019] ACTSC 15

Hearing Date:

31 January 2019

DecisionDate:

31 January 2019

Before:

Murrell CJ

Decision:

Offender convicted of all offences and sentenced to a total of two years’ imprisonment, nonparole period ending on 18 October 2020. 

Offender disqualified from driving for 24 months. 

Catchwords:

CRIMINAL LAW – JURISDICTION, PRACTICE AND PROCEDURE – Judgment and Punishment – Sentence – Arson – Dishonestly take motor vehicle without consent – Fail to stop motor vehicle when requested by police

Legislation Cited:

Crimes (Sentencing) Act 2005 (ACT) ss 7, 36, 66

Criminal Code2002 (ACT) ss 318(1), s 404(1)

Road Transport (Safety and Traffic Management) Act 1999 (ACT) s 5C

Cases Cited:

R v Hodge [2015] ACTSC 214

R v Hodge [2017] ACTSC 373

R v Wrigley [2015] ACTSC 114

Parties:

The Queen (Crown)

Bradley James Hodge (Offender)

Representation:

Counsel

Mr B Nguigi (Crown)

Mr A Doig (Offender)

Solicitors

ACT Director of Public Prosecutions (Crown)

Darryl Perkins & Co (Offender)

File Number:

SCC 287 of 2018

Murrell CJ

Introduction

1. In November 2018, the offender pleaded guilty to the following offences:

(a)Count 1—On 5 October 2018, he dishonestly took a Lancer motor vehicle without consent, contrary to s 318(1) of the Criminal Code2002 (ACT) (Criminal Code).  The offence carries a maximum penalty of five years’ imprisonment and/or a fine. 

(b)Count 2—On 15 October 2018, he dishonestly took a Holden motor vehicle without consent, contrary to s 318(1) of the Criminal Code. 

(c)Count 3—On 15 October 2018, he failed to stop a motor vehicle when requested to do so by police, contrary to s 5C of the Road Transport (Safety and Traffic Management) Act 1999 (ACT) (Road Transport Act).  A first offence, carries a maximum penalty of 12 months’ imprisonment and/or a fine.  A mandatory minimum license disqualification period of three months applies. 

(d)Count 4—On 16 October 2018, he intentionally caused damage by fire to a Lancer motor vehicle, contrary to s 404(1) of the Criminal Code.  The offence carries a maximum penalty of 15 years’ imprisonment and/or a fine. 

(e)Count 5—On 18 October 2018, he failed to stop a motor vehicle when requested to do so by police, contrary to s 5C of the Road Transport Act.  A repeat offence, the penalty is three years’ imprisonment and/or a fine.  A mandatory minimum license disqualification period of 12 months applies.

1. The pleas were entered in the Magistrates Court prior to the preparation of a brief of evidence. 

1. Having regard to the timing of the pleas, it is appropriate that the offender receive a discount of approximately 25 per cent on the sentences that would otherwise have been imposed. I accept that, apart from the offence of 18 October 2018, the Crown case was a strong one. However, the usual discount recognising the high utilitarian value of the pleas should nevertheless apply. I deal with the offence of 18 October 2018 below at [10].