R v Hudson

Case [2019] ACTSC 110


SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY

Case Title:

R v Hudson

Citation:

[2019] ACTSC 110

Hearing Date:

1 May 2019

DecisionDate:

2 May 2019

Before:

Murrell CJ

Decision:

Offender sentenced to a total of 4 years and 2 months’ imprisonment with a non-parole period of 33 months.

Application for reparation order dismissed. 

Catchwords:

CRIMINAL LAW – JURISDICTION, PRACTICE AND PROCEDURE – Judgment and Punishment – Sentence – Use a carriage service to harass – Make demand accompanied by threat – Threat to inflict grievous bodily harm – Blackmail – Arson – Recklessly inflict actual bodily harm – Family violence – Lengthy criminal history – Additional offences whilst in custody – Continued association with antisocial peers – Whether the offender has a good prospect of rehabilitation – Whether reparation order should be made

Legislation Cited:

Corrections Management Act 2007 (ACT) s 82

Crimes Act 1900 (ACT) ss 23, 31, 32(2), 381
Crimes Act 1914 (Cth) s 16A(2)
Crimes (Sentence Administration) Act 2005 (ACT) s 110
Crimes (Sentencing) Act 2005 (ACT) ss 19, 33
Criminal Code 1995 (Cth) s 474.17(1)

Criminal Code 2002 (ACT) ss 342, 361(1), 404(1)

Cases Cited:

R v Brown [2017] ACTSC 284

R v Dunn [2019] ACTSC 75
R v Raeyers [2014] ACTSC 134

R v Wrigley [2015] ACTSC 114

Parties:

The Queen (Crown)

Aaron Raymond Hudson (Offender)

Representation:

Counsel

Ms S Naidu (Crown)

Mr J Sabharwal (Offender)

Solicitors

ACT Director of Public Prosecutions (Crown)

Gabbedy Milson Lee (Offender)

File Numbers:

SCC 41 of 2019; SCC 42 of 2019

Murrell CJ

  1. The offender is to be sentenced for the following seven indictable offences:

(a)Between 1 August 2018 and 18 October 2018, he used a carriage service in a way that reasonable persons would regard as being harassing towards Kaitlin Lees. This offence is contrary to s 474.17(1) of Criminal Code 1995 (Cth) and carries a maximum penalty of 3 years’ imprisonment.

(b)Between 1 August 2018 and 18 October 2018, he used carriage service in a way that reasonable persons would regard as being harassing towards Mitchell Jolly.

(c)On 16 October 2018, he made a demand of Mr Jolly accompanied by a threat to endanger Mr Jolly, contrary to s 32(2) of the Crimes Act 1900 (ACT) (Crimes Act).  This offence carries a maximum penalty of 10 years’ imprisonment.

(d)On 16 October 2018, he threatened Vernessa Lees that he would inflict grievous bodily harm on Mr Jolly, contrary to s 31 of the Crimes Act.  This offence carries a maximum penalty of 5 years’ imprisonment.

(e)On 18 October 2018, he blackmailed Mr Jolly by making an unwarranted demand with menace for $5000, contrary to s 342 of the Criminal Code 2002 (ACT) (Criminal Code (ACT)). This offence carries a maximum penalty of 14 years’ imprisonment.

(f)On 25 November 2018, he committed an arson affecting Cell 15, Sentence Unit 1, AMC, contrary to s 404(1) of the Criminal Code (ACT). This offence carries a maximum penalty of 15 years’ imprisonment.

(g)On 25 November 2018,…

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R v Hudson [2019] ACTSC 110
Case
[2019] ACTSC 110
Decision Date

CaseChat Overview and Summary

In the case of R v Hudson, the respondent stood accused of multiple criminal offences including using a carriage service to harass, making a demand accompanied by a threat, threatening to inflict grievous bodily harm, blackmail, arson, and recklessly inflicting actual bodily harm. The respondent was also charged with acts of family violence. The case was heard in the Supreme Court of Victoria. The primary legal issues the court had to address were the appropriate sentencing for the respondent given the gravity of the crimes and the respondent's criminal history, and whether a reparation order should be made.

The court considered the severity of the offences, the respondent's extensive criminal history, and the potential for rehabilitation. The respondent had a history of violent and antisocial behaviour, including engaging in criminal activity while in custody and maintaining connections with antisocial individuals. The court also took into account the family violence aspect of the crimes and the impact on the victims. The court held that the respondent had a poor prospect of rehabilitation given the persistent pattern of offending and association with negative influences. The court further considered the principle of proportionality in sentencing, ensuring the punishment fit the crimes committed.

After evaluating all factors, the court sentenced the respondent to a total of 4 years and 2 months’ imprisonment, with a non-parole period of 33 months. The court also dismissed the application for a reparation order, finding it inappropriate given the nature of the respondent's crimes and their history. This decision underscores the court's focus on public protection and deterrence, as well as the need to hold the respondent accountable for their actions.

Orders

Orders of the court

Offender sentenced to a total of 4 years and 2 months’ imprisonment with a non-parole period of 33 months.

Application for reparation order dismissed.

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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