SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY
Case Title: | R v Kelly |
Citation: | [2016] ACTSC 281 |
Hearing Date(s): | 15 August 2016 |
DecisionDate: | 22 August 2016 |
Before: | Refshauge J |
Decision: | 1. The Good Behaviour Order made on 23 November 2015 be cancelled. 2. Ian William Kelly be sentenced to nine months imprisonment to commence on 19 April 2016, being the suspended portion of the sentence. 3. Ian William Kelly be convicted of aggravated burglary committed on 21 January 2016. 4. Ian William Kelly be sentenced to two years and three months imprisonment to commence on 19 June 2016. 5. Ian William Kelly be convicted of theft on 21 January 2016. 6. Ian William Kelly be sentenced to 15 months imprisonment to commence on 19 September 2018. 7. A non parole period of 16 months be set to commence on 19 April 2016 and to end on 18 August 2017. |
Catchwords: | CRIMINAL LAW – JURISDICTION, PRACTICE AND PROCEDURE – Sentencing – breach of Good Behaviour Order – aggravated burglary – theft – intent to steal – consideration of breach – subjective circumstances – extensive criminal record – cancellation of Good Behaviour Order – cumulative custodial sentence |
Legislation Cited: | Crimes (Sentence Administration) Act 2005 (ACT), s 110 Crimes (Sentencing) Act 2005 (ACT), ss 7, 33 Criminal Code 2002 (ACT), ss 308, 312 |
Cases Cited: | Bugmy v The Queen (2013) 249 CLR 571 EG v The Queen [2012] ACTCA 17 |
Parties: | The Queen (Crown) Ian William Kelly (Defendant) |
Representation: | Counsel Mr S McLaughlan (Crown) Mr A Doig (Defendant) |
| Solicitors ACT Director of Public Prosecutions (Crown) Canberra Criminal Lawyers (Defendant) | |
File Number(s): | SCC 103 of 2016 |
REFSHAUGE J:
It seems from recent experience in this Court that underground or basement car parks for apartment buildings have become a particular target for those who wish to enter on private premises without authority and to steal property. See R v Celeski [2016] ACTSC 140; R v Roux (No 2) [2015] ACTSC 361; R v Ngerengere [2015] ACTSC 224; R v CA [2014] ACTSC 332; R…
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- R v Kelly [2016] ACTSC 281
- Case
- [2016] ACTSC 281
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CaseChat Overview and Summary
The court considered the subjective circumstances of the breach and the aggravating factors of the new offences. It held that the breach of the Good Behaviour Order was significant and that the cumulative effect of Kelly’s criminal conduct warranted a sentence that reflected the seriousness of the breach and the new offences. The court also noted the need to consider the deterrence and protection of the community in its sentencing decision. The court found that the appropriate response was to cancel the Good Behaviour Order and impose a new custodial sentence.
In its sentencing, the court determined that Kelly should serve a total of three years and six months imprisonment, with a non-parole period of 16 months. The sentences for the aggravated burglary and theft were to run concurrently, with the sentence for the breach of the Good Behaviour Order to commence after the suspended portion of the previous sentence. The court emphasised the need for a sentence that adequately reflected the seriousness of the offences and the need for general deterrence. The court’s decision also took into account the impact of the offences on the victims and the importance of protecting the community from further criminal activity by Kelly.
Orders
Orders of the court
1. The Good Behaviour Order made on 23 November 2015 be cancelled.
2. Ian William Kelly be sentenced to nine months imprisonment to commence on 19 April 2016, being the suspended portion of the sentence.
3. Ian William Kelly be convicted of aggravated burglary committed on 21 January 2016.
4. Ian William Kelly be sentenced to two years and three months imprisonment to commence on 19 June 2016.
5. Ian William Kelly be convicted of theft on 21 January 2016.
6. Ian William Kelly be sentenced to 15 months imprisonment to commence on 19 September 2018.
7. A non parole period of 16 months be set to commence on 19 April 2016 and to end on 18 August 2017.
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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