R v Horner

[2018] ACTSC 98

SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY

Case Title:

R v Horner

Citation:

[2018] ACTSC 98

Hearing Date:

14 March 2018

DecisionDate:

14 March 2018

Before:

Murrell CJ

Decision:

Sentence of 26 months’ imprisonment suspended after eight months upon the offender entering into a two year good behaviour order.

Catchwords:

CRIMINAL LAW – JURISDICTION, PRACTICE AND PROCEDURE – Judgment and Punishment – Sentence – Aggravated robbery – Robbery in company – Offender has shown remorse – Offender has developed insight into offending – Offender has taken steps to rehabilitate – No relevant prior criminal history

Legislation Cited:

Crimes (Sentencing) Act 2005 (ACT) ss 7, 35(4), 35A, 36

Criminal Code 2002 (ACT) s 310

Cases Cited:

Monfries v The Queen [2014] ACTCA 46; 245 A Crim R

Parties:

The Queen (Crown)

Robert Horner (Offender)

Representation:

Counsel

Mr J Walker (Crown)

Ms T Warwick (Offender)

Solicitors

ACT Director of Public Prosecutions (Crown)

Canberra Criminal Lawyers (Offender)

File Number:

SCC 129 of 2017

MURRELL CJ:  

1. On 1 January 2017, the offender committed aggravated robbery (robbery in company) with Brett Shearer, contrary to s 310 of the Criminal Code 2002 (ACT). The maximum penalty for such an offence is 25 years’ imprisonment and a fine.

1. The offender was arrested on 2 February 2017 and released on bail later that day. 

1. On 28 February 2018, four weeks before the trial was scheduled to commence, the offender’s solicitor confirmed in writing that the offender would plead guilty and that he was prepared to give evidence against the co-accused. On 5 March 2018, the offender entered a plea of guilty in the Supreme Court.

1. On 2 February and 13 March 2018, the offender participated in records of interview, providing detail which will, no doubt, form the foundation of his evidence at the co-accused’s trial.

Facts

1. In the early hours of Sunday, 1 January 2017, the offender was very intoxicated.  He roamed the streets on a Pokémon hunt.  When he returned home, he argued with his wife.  He telephoned his acquaintance, Mr Shearer, and asked Mr Shearer to collect him.  Mr Shearer had been celebrating New Year’s Eve.  He was on his way home when he received the offender’s message asking to be collected.  He was intoxicated.  The pair planned to return to Mr Shearer’s residence in Wanniassa and drink more alcohol. 

1. At the same time, the victim was at work delivering newspapers from his vehicle to various locations in the Tuggeranong area.  At about 3.50 am, he made a delivery at a Wanniassa address.  As he left this address, he observed that a silver Holden Commodore displaying a red P–plate was following him.  Mr Shearer was driving the Commodore.  The offender was in the front passenger seat. 

1. As Mr Shearer and the offender approached Mr Shearer’ residence in Wanniassa, Mr Shearer formed the view that the victim’s vehicle was “high beaming” his vehicle.  Mr Shearer decided to run the victim’s vehicle off the road.  He began to tailgate the victim’s vehicle and to flash his…