R v John Andrew Seckold

Case [2005] ACTSC 34


R v JOHN ANDREW SECKOLD [2005] ACTSC 34
(18, 22 February 2005)

EX TEMPORE JUDGMENT

No.  SCC 204 of 2004

Judge: Crispin J   
Supreme Court of the ACT
Date:  18, 22 February 2005

IN THE SUPREME COURT OF THE  )
  )  No SCC 204 of 2004
AUSTRALIAN CAPITAL TERRITORY  )

R

v

JOHN ANDREW SECKOLD

ORDER

Judge:  Crispin J
Date:  18, 22 February 2005
Place:  Canberra

THE COURT ORDERS THAT:

  1. in relation to the offence of armed robbery, I sentence you to a term of 6 years’ imprisonment;

  1. in relation to the offence of taking the motor vehicle, YXN 032, on 27 October 2003, I sentence you to a term of 18 months’ imprisonment;

  1. in relation to the offence of taking the motor vehicle, YTQ 201, on 31 October 2003, I sentence you to a term of 18 months’ imprisonment;

  1. in relation to the offence of attempting to steal a purse from Ms Zang on 1 November 2003, I sentence you to a period of 6 months’ imprisonment;

  1. in relation to the offence of attempting to steal a handbag from Ms Sayer, I impose a sentence of 6 months’ imprisonment;

  1. in relation to the offence of aiding and abetting a theft of Ms Boponus, I impose a sentence of 6 months’ imprisonment;

  1. in relation to the theft of Mr Hull I impose a sentence of 6 months’ imprisonment;

  1. in relation to the offence of taking and using the motor vehicle, YAU 12T, on 2 November 2003, I impose a sentence of 18 months’ imprisonment;

  1. in relation to the offence of taking and using the motor vehicle, QEH 145, I impose a sentence of 18 months’ imprisonment;

  1. in relation to the offence of unlawful riding in the motor  vehicle, YPW 832 knowing that it was stolen, I impose a sentence of 18 months’ imprisonment;

  1. in relation to the offence of attempting to steal a handbag from Ms Butler, I impose a sentence of 6 months’ imprisonment;

  1. in relation to the offence of taking and using a motor vehicle, YBZ 06F, I impose a sentence of 18 months’ imprisonment;

  1. in relation to the offence of burglary on 6 November 2003, I impose a sentence of 3 years’ imprisonment;

  1. the sentence for the 13th offence is to commence 3 years and 2 months after commencement of the 1st offence;

  1. the sentence for the 2nd offence is to commence 4 years and 10 months after the commencement of the sentence for the 1st offence;

  1. the sentence for the 3rd offence is to commence 5 years after the sentence for the 1st offence;

  1. the sentence for the 8th offence is to commence 5 years and 2 months after the sentence for the 1st offence;

  1. the sentence for the 9th offence is to commence 5 years and 4 months after the sentence for the 1st offence;

  1. the sentence for the 12th offence is to commence 5 years and 6 months after the sentence for the 1st offence;

  1. the sentence…

Continue reading R v John Andrew Seckold

Sign in free to access the full text

Details
AGLC
R v John Andrew Seckold [2005] ACTSC 34
Case
[2005] ACTSC 34
Decision Date

CaseChat Overview and Summary

John Andrew Seckold was convicted of a series of offences committed between 27 October 2003 and 6 November 2003, including armed robbery, taking motor vehicles, and theft. The court was tasked with determining an appropriate sentence that adequately reflected the severity of the crimes while also considering the defendant's background and prospects for rehabilitation. The key legal issues involved balancing the need for denunciation and deterrence with the mitigating factors presented by Seckold's troubled upbringing, drug addiction, and efforts towards rehabilitation. The court also had to consider the principle of totality, ensuring the overall sentence was commensurate with the course of criminal conduct.

The court emphasised the serious nature of armed robbery, noting the emotional trauma it can cause victims. However, it also took into account Seckold's difficult childhood, history of abuse, and drug dependency, which began as a coping mechanism for his personal pain. The court acknowledged Seckold's guilty pleas, efforts to stay drug-free for a period of time, and his expressed remorse and desire for rehabilitation. The psychologist's report indicated that Seckold suffered from a major depressive disorder and substance dependence, but was not at immediate risk of self-harm.

Considering all these factors, the court imposed a sentence of 6 years for the armed robbery, with other sentences ranging from 6 months to 3 years for the various offences. The court also took into account the time Seckold had already served in Victoria for related offences, adjusting the sentences to reflect this. The final sentence included backdating and setting non-parole periods to encourage Seckold's rehabilitation and eventual reintegration into society.

Orders

Orders of the court

Full text does not contain this section.

Background

Background to the litigation

Full text does not contain this section.

Evidence

Evidence Before The Court

Full text does not contain this section.

Decision

Reasons for decision

Full text does not contain this section.

Ratio Decidendi

Legal Principle Established

Full text does not contain this section.