R v Hudson

[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,…