SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY
Case Title: | R v JM |
Citation: | [2014] ACTSC 380 |
Hearing Date(s): | 29 August 2014 |
DecisionDate: | 30 October 2014 |
Before: | Refshauge J |
Decision: | 1. JM be convicted of aggravated robbery on 27 January 2014. 2. As a result of the above conviction, JM be found to have breached the offenders obligations not to commit further offences during the period of the good behaviour order made on 11 December 2012 and amended on 13 December 2012 which was made under s 12(3) of the Crimes (Sentencing) Act 2005 (ACT). 3. The good behaviour order made on 11 December 2012 and amended on 13 December 2012 be cancelled. 4. JM be re-sentenced for the offences for which he was sentenced on 11 December 2013. 5. The convictions be confirmed for the five offences for which JM was sentenced on 11 December 2012, being one count of dishonestly taking and using a motor vehicle without consent, three counts of theft and one count of aggravated robbery. 6. For the offence of dishonestly taking and using a motor vehicle without consent on 5 March 2012, JM be sentenced to fifteen months’ imprisonment to commence on 2 March 2013 to take into account custody already served as pre-sentence custody. 7. For the offence of theft of alcohol and soft drink on 5 March 2012, JM be sentenced to nine months’ imprisonment to commence on 2 December 2013, that is to be cumulative as to three months on the first sentence I have imposed today. 8. For the offence of aggravated robbery on 5 March 2012, JM be sentenced to three years’ imprisonment to commence on 2 March 2013, that is to be cumulative as to eighteen months on the sentence for theft on that day. 9. For the offence of theft of petrol on 5 March 2012, JM be sentenced to six months’ imprisonment to commence on 2 December 2015, that is to be cumulative as to three months on the sentence for aggravated robbery. 10. For the offence of theft of items from a Mazda sedan on 5 March 2012, JM be sentenced to nine months’ imprisonment to commence on 2 December 2015, that is to be cumulative as to three months on the sentence for the theft of petrol. 11. For the offence of aggravated robbery on 27 January 2014, JM be sentenced to imprisonment for three years and six months, to commence on 2 December 2015, that is to be wholly cumulative on the sentence for theft of items from a Mazda sedan. 12. A non- parole period of three years and six months be set to commence on 2 March 2013 and to end on 1 September 2016. 13. A copy of these remarks be forwarded by the Registrar of the Supreme Court to ACT Corrective Services and the Australian Federal Police, drawing the attention of those agencies to the remarks about the date of birth of JM and requesting that appropriate amendments be… |
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- R v JM [2014] ACTSC 380
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- [2014] ACTSC 380
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CaseChat Overview and Summary
The primary legal issue before the court was whether the breach of the good behaviour order, resulting from the commission of the further offence, warranted re-sentencing for all the previous offences. The court needed to consider the severity and nature of the new offence, the cumulative effect of all the offences, and the necessity of a good behaviour order in preventing future criminal conduct by JM. The court also had to determine the appropriate sentences for each offence, taking into account the cumulative effect and the need for deterrence and rehabilitation.
In delivering the judgment, the court found JM guilty of the aggravated robbery on 27 January 2014 and concluded that this offence constituted a breach of the good behaviour order. The court cancelled the good behaviour order and proceeded to re-sentence JM for all the offences. The court meticulously considered the cumulative effect of all the offences and imposed sentences that were cumulative to each other, ensuring that the total punishment reflected the seriousness of JM's criminal conduct. The court also set a non-parole period to reflect the severity of the offences and the need for public protection.
The final orders included the conviction for the new offence of aggravated robbery, the cancellation of the good behaviour order, and the re-sentencing for all offences. Specific sentences were imposed for each offence, with the sentences for the new and previous offences being cumulative. A non-parole period was set to reflect the seriousness of the offences. The court also directed that a copy of the remarks be sent to relevant agencies to ensure JM's date of birth was correctly recorded.
Orders
Orders of the court
1. JM be convicted of aggravated robbery on 27 January 2014.
2. As a result of the above conviction, JM be found to have breached the offenders obligations not to commit further offences during the period of the good behaviour order made on 11 December 2012 and amended on 13 December 2012 which was made under s 12(3) of the Crimes (Sentencing) Act 2005 (ACT).
3. The good behaviour order made on 11 December 2012 and amended on 13 December 2012 be cancelled.
4. JM be re-sentenced for the offences for which he was sentenced on 11 December 2013.
5. The convictions be confirmed for the five offences for which JM was sentenced on 11 December 2012, being one count of dishonestly taking and using a motor vehicle without consent, three counts of theft and one count of aggravated robbery.
6. For the offence of dishonestly taking and using a motor vehicle without consent on 5 March 2012, JM be sentenced to fifteen months’ imprisonment to commence on 2 March 2013 to take into account custody already served as pre-sentence custody.
7. For the offence of theft of alcohol and soft drink on 5 March 2012, JM be sentenced to nine months’ imprisonment to commence on 2 December 2013, that is to be cumulative as to three months on the first sentence I have imposed today.
8. For the offence of aggravated robbery on 5 March 2012, JM be sentenced to three years’ imprisonment to commence on 2 March 2013, that is to be cumulative as to eighteen months on the sentence for theft on that day.
9. For the offence of theft of petrol on 5 March 2012, JM be sentenced to six months’ imprisonment to commence on 2 December 2015, that is to be cumulative as to three months on the sentence for aggravated robbery.
10. For the offence of theft of items from a Mazda sedan on 5 March 2012, JM be sentenced to nine months’ imprisonment to commence on 2 December 2015, that is to be cumulative as to three months on the sentence for the theft of petrol.
11. For the offence of aggravated robbery on 27 January 2014, JM be sentenced to imprisonment for three years and six months, to commence on 2 December 2015, that is to be wholly cumulative on the sentence for theft of items from a Mazda sedan.
12. A non- parole period of three years and six months be set to commence on 2 March 2013 and to end on 1 September 2016.
13. A copy of these remarks be forwarded by the Registrar of the Supreme Court to ACT Corrective Services and the Australian Federal Police, drawing the attention of those agencies to the remarks about the date of birth of JM and requesting that appropriate amendments be made to their records.
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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