R v Hutchinson

Case [2014] ACTCA 29


THE SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY
COURT OF APPEAL

Case Title:

R v Hutchinson

Citation:

[2014] ACTCA 29

Hearing Date(s):

6 May 2014

DecisionDate:

13 August 2014

Before:

Murrell CJ, Burns and Ross JJ

Decision:

Appeal allowed, respondent resentenced. See [78].

Category:

Principal Judgment

Catchwords:

APPEAL – GENERAL PRINCIPLES – Appeal against sentence – whether sentence manifestly inadequate

Legislation Cited:

Criminal Code 2002 (ACT) ss 308, 312

Cases Cited:

Barbaro v The Queen (2014) 88 ALJR 372

Bugmy v The Queen (2013) 302 ALR 192
Bui v DPP (2012) 284 ALR 445
Dinsdale v The Queen (12000) CLR 321
DPP v De La Rosa [2010] NSWCCA 194
DPP v Karazisis [2010] VSCA 350
EG v The Queen [2012] ACTCA 17
Everett v The Queen (1994) 181 CLR 295
Fusimalohi v The Queen [2012] ACTCA 49
Hili v The Queen (2010) 242 CLR 520
House v The King (1936) 55 CLR 499
Lacey v Attorney-General(Qld) (2011) 242 CLR 573
Love v The Queen [2012] ACTCA 17
Markarian v The Queen (2005) 228 CLR 357
Munda v Western Australia [2013] HCA 38
R v Chatfield [2012] ACTCA 32
R v Clarke [1996] 2 VR 501
R v Ponfield (1999) 48 NSWLR 327
R v JW [2010] NSWCCA 49
R v TW (2011) 6 ACTLR 18
R v Thorn [2010] ACTCA 10
Simonds v The Queen [2013] ACTCA 13
Tate v The Queen [2012] ACTCA 50
The Queen v CV [2013] ACTCA 22

Wong v The Queen (2001) 207 CLR 584

Parties:

The Queen (Appellant)

Andrew Lee Hutchinson (Respondent)

Representation:

Counsel

Mr J White (Appellant)

Mr R Davies (Respondent)

Solicitors:

ACT Director of Public Prosecutions (Appellant)

Legal Aid ACT (Respondent)

File Number(s):

ACTCA 65 of 2013

Decision under appeal: 

Court/Tribunal:             Supreme Court of the ACT

Before:  Penfold J

Date of Decision:         24 September 2013

Case Title:  R v Hutchinson

Court File Number(s):   SCC 74 of 2013

THE COURT ORDERS THAT:

  1. The appeal is allowed.

  2. The respondent is resentenced as follows:

    a.For the offence of aggravated burglary, imprisonment for 3 years and 4 months. A nonparole period of 2 years and 3 months is fixed.

    b.The sentence will commence on 1 July 2013 and will end on 31 October 2016. The nonparole period will end on 30 September 2015.

    c.For the offence of theft, imprisonment for 1 year to be served wholly concurrently with the sentence above.

MURRELL CJ:

  1. I agree with the orders proposed by Ross J, and with his reasons for proposing them.

BURNS J:

  1. I agree with the orders proposed by Ross J, and with his reasons for proposing them.

ROSS J:

Background

  1. On 12 July 2013 the respondent pleaded guilty to committing an aggravated burglary (by virtue of committing the offence in company), contrary to s 312 of the Criminal Code 2002 (ACT) and a charge that, on the same date, he committed an associated theft, particularised as three credit cards and $55.00 in cash, contrary to s 308 of the Criminal Code 2002 (ACT).

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Details
AGLC
R v Hutchinson [2014] ACTCA 29
Case
[2014] ACTCA 29
Decision Date

CaseChat Overview and Summary

The Crown appealed against the sentence imposed on the respondent, Hutchinson, in the District Court. The appeal concerned the adequacy of the sentence for the offences of aggravated burglary and theft.

The central legal issue before the Court of Criminal Appeal was whether the original sentence imposed on the respondent was manifestly inadequate, thereby justifying the Crown's appeal.

The Court found that the original sentence was indeed manifestly inadequate, having regard to the seriousness of the offence of aggravated burglary and the respondent's prior criminal record. The Court applied the principles of sentencing, considering the need for deterrence, punishment, and rehabilitation, and concluded that the original sentence did not adequately reflect these considerations.

Consequently, the appeal was allowed, and the respondent was resentenced. For aggravated burglary, he received a term of imprisonment of 3 years and 4 months, with a non-parole period of 2 years and 3 months. A sentence of 1 year imprisonment for theft was ordered to be served concurrently. The total sentence was to commence on 1 July 2013 and conclude on 31 October 2016, with the non-parole period ending on 30 September 2015.

Orders

Orders of the court

1.

The appeal is allowed.

2.

The respondent is resentenced as follows:

a. For the offence of aggravated burglary, imprisonment for 3 years and 4 months. A nonparole period of 2 years and 3 months is fixed.

b. The sentence will commence on 1 July 2013 and will end on 31 October 2016. The nonparole period will end on 30 September 2015.

c. For the offence of theft, imprisonment for 1 year to be served wholly concurrently with the sentence above.

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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