R v Jacka

[2017] ACTSC 225

SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY

Case Title:

R v Jacka

Citation:

[2017] ACTSC 225

Hearing Date:

15 August 2017

DecisionDate:

15 August 2017

Before:

Elkaim J

Decision:

See paragraph [36]

Catchwords:

CRIMINAL LAW – JURISDICTION, PRACTICE AND PROCEDURE – Judgment and Punishment – Sentence – aggravated robbery – aggravated burglary – pleas of guilty.

Legislation Cited:

Crimes (Sentencing) Act 2005 (ACT) ss 6, 7 and 10

Cases Cited:

Hall v R; Barker v R [2017] ACTCA 16

Parties:

The Queen (Crown)

Mitchell Jacka (Offender)

Representation:

Counsel

Mr A Williamson (Crown)

Mr R Davies (Offender)

Solicitors

Office of the ACT Director of Public Prosecutions (Crown)

ACT Legal Aid (Offender)

File Number:

SCC 111 of 2017

ELKAIM J:

1. The offender was born in 1989. He has been known to ACT Corrective Services since 2008. Since then, he has tried most of the services offered. He has been subject to Good Behaviour Orders, periods on bail, terms of periodic detention and full-time detention. He has not been deterred from returning to criminal activity.

1. On 10 May 2017, the offender pleaded guilty in the Magistrates Court to five counts of aggravated robbery and one count of aggravated burglary. The former offence carries a maximum penalty of a fine of $375,000 and/or 25 years imprisonment. The latter offence carries a maximum penalty of a fine of $300,000 and/or 20 years imprisonment.

1. The offender’s pleas of guilty were entered at the earliest opportunity. He is entitled to a discount for the pleas.

1. The offences are described in the Statement of Facts. In summary, on 29 April 2017, the offender and his colleagues broke into the ACT Rugby Union Club in Turner. Their attempts to open a cash box failed. They fled when the security alarm sounded.

1. I would describe this offence as being of medium objective seriousness.

1. The second offence took place at 2.55 am on 29 April 2017. On this occasion, the offender and three other men approached two men who were operating a food truck. Two of the men were carrying sawn-off shotguns and the other two were carrying knives. They asked one of the employees to hand over the takings for the evening. The employee invited them to leave; adopting a phrase in which a word sometimes used to describe “the sexual act was substituted for a verb of motion”.

1. Instead of leaving, one of the men pointed a shotgun at the employee’s head and again asked for the money. The employee took the men to his personal motor vehicle and gave them about $5,000. They were not content with this and also took the employee’s wallet.

1. The use of the gun and the threats made to the employee make this offence objectively very serious.

1. The third offence took place on 1 May 2017, when the offender and another male, both wearing motorcycle helmets, pointed firearms at an employee of the Belconnen Soccer Club and demanded money. The employee told them that there was no money so they then went…