R v John

Case [2017] ACTSC 144


SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY

Case Title:

R v John

Citation:

[2017] ACTSC 144

Hearing Dates:

15, 17 February and 4 May 2017

DecisionDate:

4 May 2017

Before:

Refshauge J

Decision:

1.    Hayley Maree John be convicted of aggravated burglary at Macquarie on 25 July 2015.

2.    Hayley Maree John be convicted of damaging property on 25 July 2015, being nine motor vehicles. 

3.    Hayley Maree John be convicted of theft from nine motor vehicles on 25 July 2015. 

4.    Hayley Maree John be convicted of theft from six motor vehicles at Nicholls on 25 July 2015. 

5.    Hayley Maree John be convicted of burglary at Chisholm on 25 July 2015. 

6.    Hayley Maree John be convicted of theft from a residence at Chisholm on 25 July 2015. 

7. The sentencing be adjourned to 11 July 2017 at 10:00am for the Director General to assess Hayley Maree John’s suitability under s 78 of the Crimes (Sentencing) Act 2005 (ACT) for an Intensive Correction Order.

8.    Bail for Hayley Maree John be continued with the additional condition that she report to ACT Corrective Services, Level 1, 249 London Circuit, Canberra City, by 4:00pm 5 May 2017, to make arrangements for an assessment as to her suitability for an Intensive Correction Order.

Catchwords:

CRIMINAL LAW – JURISDICTION, PRACTICE AND PROCEDURE – Judgment and punishment – sentencing – aggravated burglary – burglary – damaging property – theft – plea of guilty – rolled up counts – restorative justice – remorse demonstrated by offender – consideration of subjective circumstances – general deterrence – sentencing adjourned for offender to be assessed for suitability for an Intensive Corrections Order

Legislation Cited:

Crimes (Sentencing) Act 2005 (ACT), ss 7, 33, 78

Criminal Code 2002 (ACT), ss 45A, 308, 311, 312, 403

Cases Cited:

Fusimalohi v The Queen [2012] ACTCA 49

Halden (1983) 9 A Crim R 30
Muldrock v the Queen [2011] HCA 39; 244 CLR 120
R v Coombes (Unreported, Victorian Court of Criminal Appeal, Young CJ, Lush and Southwell JJ, 3 September 1979)
R v Forrest [2016] ACTSC 321; 11 ACTLR 311
R v Forrest (No 2) [2017] ACTSC 83
R v Jones [2004] VSCA 68
R v Kelly [2016] ACTSC 281
R v Kilic [2016] HCA 48; 339 ALR 229
R v McGrail [2016] ACTSC 142
R v McMahon [2014] ACTSC 280
R  v Newham [2000] VSCA 138
R v Ngerengere (No 3) [2016] ACTSC 299
R v Roux (No 2) [2015] ACTSC 361
R v Wright (Unreported, Victorian Court of Criminal Appeal, Gowans, Nelson and Anderson JJ, 13 May 1974)
Saga v Reid [2010] ACTSC 59
Simonds v The Queen [2013] ACTCA 13

Parties:

The Queen (Crown)

Hayley Maree John (Defendant)

Representation:

Counsel

Ms T Skvortsova (Crown)

Mr J Lawton (Defendant)

Solicitors

ACT Director of Public Prosecutions (Crown)

Kamy Saeedi Lawyers (Defendant)

File Number:

SCC 17 of 2016

REFSHAUGE J:

  1. As I have remarked before in R v Kelly [2016] ACTSC 281 at [1], underground or…

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AGLC
R v John [2017] ACTSC 144
Case
[2017] ACTSC 144
Decision Date

CaseChat Overview and Summary

In the case of R v John, the defendant, Hayley Maree John, pleaded guilty to multiple counts of aggravated burglary, damaging property, and theft. The charges related to incidents that occurred on 25 July 2015, where John was involved in breaking into several motor vehicles and a residence, causing damage and stealing items. The case was heard in a relevant court, which will not be named as per the text, but likely to be the Magistrates Court of the Australian Capital Territory, given the reference to the Crimes (Sentencing) Act 2005 (ACT). The court was tasked with determining the appropriate sentence for the defendant, considering the nature of the offences, the plea of guilty, and the circumstances surrounding the incidents.

The legal issues before the court included the appropriate application of sentencing principles to the facts of the case, particularly given the multiple counts and the nature of the offences as aggravated burglary and theft. The court also needed to consider the subjective circumstances of the offender, including her demonstration of remorse and her suitability for a specific type of sentencing option known as an Intensive Corrections Order (ICO). The court's decision was influenced by the need to balance the principles of general deterrence with the potential rehabilitative benefits of an ICO.

The court found the defendant guilty on all counts and acknowledged her expression of remorse and the absence of a prior criminal record. However, due to the serious nature of the offences and the need to consider options that could potentially rehabilitate the offender, the sentencing was adjourned. The court directed that an assessment be made to determine John's suitability for an ICO, which is a type of sentence that involves intensive supervision and rehabilitation programs. The court also continued her bail with conditions to facilitate this assessment.

The final orders included convictions on all counts and an adjournment of sentencing to allow for the assessment of John's suitability for an ICO. Additionally, her bail was continued with conditions to ensure she complied with the requirements for this assessment. The adjournment aimed to provide an opportunity for the court to impose a sentence that was both punitive and rehabilitative, taking into account the defendant's personal circumstances and the broader objectives of the criminal justice system.

Orders

Orders of the court

1. Hayley Maree John be convicted of aggravated burglary at Macquarie on 25 July 2015.

2. Hayley Maree John be convicted of damaging property on 25 July 2015, being nine motor vehicles.

3. Hayley Maree John be convicted of theft from nine motor vehicles on 25 July 2015.

4. Hayley Maree John be convicted of theft from six motor vehicles at Nicholls on 25 July 2015.

5. Hayley Maree John be convicted of burglary at Chisholm on 25 July 2015.

6. Hayley Maree John be convicted of theft from a residence at Chisholm on 25 July 2015.

7. The sentencing be adjourned to 11 July 2017 at 10:00am for the Director General to assess Hayley Maree John’s suitability under s 78 of the Crimes (Sentencing) Act 2005 (ACT) for an Intensive Correction Order.

8. Bail for Hayley Maree John be continued with the additional condition that she report to ACT Corrective Services, Level 1, 249 London Circuit, Canberra City, by 4:00pm 5 May 2017, to make arrangements for an assessment as to her suitability for an Intensive Correction Order.

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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