R v Johnstone

[2016] ACTSC 112

SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY

Case Title:

R v Johnstone

Citation:

[2016] ACTSC 112

Hearing Dates:

4 February 2016, 5 February 2016

DecisionDate:

18 February 2016

Before:

Penfold J

Decision:

See [35] – [41].

Catchwords:

CRIMINAL LAW – JURISDICTION, PRACTICE AND PROCEDURE – Judgment and Punishment – Sentence – dishonesty offences – “ram-raid” style aggravated burglary – damage property – theft – pleas of guilty – offending linked to use of illicit drugs – significant criminal history – parity – prospects of rehabilitation – sentence suspended after 11 months.

Legislation Cited:

Crimes (Sentence Administration) Act 2005 (ACT)

Criminal Code 2002 (ACT), ss 308, 312, 318(2), 403

Parties:

The Queen (Crown)

Michael John Johnstone (Offender)

Representation:

Counsel

Mr S McLaughlin (Crown)

Mr D Rutherford (Offender)

Solicitors

ACT Director of Public Prosecutions (Crown)

Aboriginal Legal Service (NSW/ACT) Ltd (Offender)

File Number:

SCC 217 of 2015

The offences

1. Michael Johnstone has pleaded guilty to five offences arising out of a single incident, as follows: 

(a)one aggravated burglary, contrary to s 312 of the Criminal Code 2002 (ACT) and carrying a maximum penalty including imprisonment for 20 years;

(b)two damage property offences, contrary to s 403 of the Criminal Code and carrying a maximum penalty including imprisonment for 10 years;

(c)one theft, contrary to s 308 of the Criminal Code and carrying a maximum penalty including imprisonment for 10 years;

(d)one offence of dishonestly and without consent riding in a motor vehicle, contrary to s 318(2) of the Criminal Code and carrying a maximum penalty including imprisonment for five years.

The incident

1. The incident from which these charges arose took place in late March 2015. 

1. The following description of the incident is drawn from the agreed statement of facts:

Between 8:00pm on 30 March 2015 and 5:00am [the next morning], a silver Subaru Impreza, [belonging to a Mr Louis], was unlawfully taken from Coranderrk Street, Reid. 

At 5:06am on 31 March, [that second day], the offender, Mr Johnstone, rode in the vehicle which was being driven by Dylan Bowler. The vehicle was driven through the doors of the Gungahlin Shopping Centre adjacent to the First Choice Liquor store [in Gungahlin]. 

The vehicle proceeded down an internal corridor before driving through another set of internal doors and into the main area of the shopping centre. 

The offenders then drove towards the Diamond Rings Designs store before reversing the car through the security roller door. Both offenders then entered the jewellery store before using a brick and a work boot to smash open glass cabinets containing jewellery.  They took $29,083.07 worth of jewellery, including rings, necklaces, chains, earrings, pendants and display cases.  They caused approximately $9000 worth of damage. 

Both offenders covered their faces and wore gloves during the aggravated burglary.  Mr Johnstone cut himself during the commission of the aggravated burglary and his blood was recovered from within the jewellery store. 

The offenders then drove through the centre and attempted to leave via the same doors they had smashed to make their…