R v Kirkwood

Case [2022] ACTSC 148


SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY

Case Title:

R v Kirkwood

Citation:

[2022] ACTSC 148

Hearing Dates:

20 April, 9 May 2022

DecisionDate:

24 June 2022

Before:

Kennett J

Decision:

See [148]–[151]

Catchwords:

CRIMINAL LAW – JURISDICTION, PRACTICE AND PROCEDURE – Judgment and Punishment – Sentence – common assault – attempted blackmail – aggravated robbery – possess offensive weapon – make demand with threat to kill – aggravated burglary – theft – cultivate cannabis plant – convictions recorded – sentences of imprisonment imposed

Legislation Cited:

Crimes (Sentencing) Act 2005 (ACT) ss 7, 10, 12A, 26, 32, 35, 38

Criminal Code 2002 (ACT) ss 44, 45, 45A, 308, 310, 312, 342, 616, 618, 712A

Evidence (Miscellaneous Provisions) Act 1991 (ACT) s 111

Cases Cited:

Cahyadi v The Queen [2007] NSWCCA 1; 168 A Crim R 41

Filippou v The Queen [2015] HCA 29; 256 CLR 47
Forster-Jones v The Queen [2020] ACTCA 31
Hall v The Queen; Barker v The Queen [2017] ACTCA 16
Mill v The Queen (1988) 166 CLR 59
O’Brien v The Queen [2015] ACTCA 47
Pearce v The Queen (1998) 194 CLR 610
R v Bourne; R v Manns [2018] ACTSC 35
R v Cartwright (1989) 17 NSWLR 243
R v Dawson [2022] ACTSC 64
R v Foster [2021] ACTSC 229
R v Henry [1999] NSWCCA 111; 46 NSWLR 346
R v Hudson [2019] ACTSC 110
R v KB [2017] ACTSC 344
R v Kivalu [2016] ACTSC 138
R v Knight [2005] NSWCCA 253; 155 A Crim R 252
R v Kulczycki [2018] ACTSC 9
R v MAK [2006] NSWCCA 381; 167 A Crim R 159
R v Pearce (Supreme Court of the ACT, Burns J, 22 November 2012)
R v QH; R v CR [2020] ACTSC 178
R v Verdins [2007] VSCA 102; 168 A Crim R 41
R v Watson [2022] ACTSC 95
R v Wheeler [2000] NSWCCA 34

Simonds v The Queen [2013] ACTCA 13

Parties:

The Queen ( Crown)

Jesse Kirkwood ( Offender)

Representation:

Counsel

S Janackovic ( Crown)

P Edmonds ( Offender)

Solicitors

ACT Director of Public Prosecutions ( Crown)

Canberra Criminal Lawyers ( Offender)

File Numbers:

SCC 259, 260, 269, 270 of 2021

KENNETT J:

Introduction

  1. In November 2021 the offender, Jesse Kirkwood, pleaded guilty to ten offences that occurred in July and August 2021.

  1. The offences that occurred in July 2021 are as follows:

(a)Attempted blackmail, contrary to ss 44 and 342 of the Criminal Code 2002 (ACT) (Criminal Code).

The maximum penalty is 14 years’ imprisonment, a fine of $224,000, or both.

(b)Aggravated robbery (joint commission), contrary to ss 45A and 310 of the Criminal Code.

The maximum penalty is 25 years’ imprisonment, a fine of $400,000, or both.

(c)Common assault (joint commission), contrary to s 26 of the Crimes Act 1900 (ACT) (Crimes Act) and s 45A of the Criminal Code.

The maximum penalty is 2 years’ imprisonment.

  1. The offences that occurred in August 2021 are:

(a)Two counts of aggravated…

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R v Kirkwood [2022] ACTSC 148
Case
[2022] ACTSC 148
Decision Date

CaseChat Overview and Summary

The defendant, Kirkwood, was charged with a range of criminal offences and faced trial in the relevant court. The charges included common assault, attempted blackmail, aggravated robbery, possession of an offensive weapon, making a demand with a threat to kill, aggravated burglary, theft, and cultivating a cannabis plant. The court was required to consider each of these charges, determine the defendant's guilt or innocence, and if found guilty, to impose a suitable sentence.

The primary legal issues the court needed to address were the interpretation of the various offences, the applicability of the charges to the facts of the case, and the appropriate sentences for each conviction. The court had to assess whether the prosecution had established each element of the charges beyond reasonable doubt and, if so, determine the severity of the sentences based on the nature and circumstances of the offences.

The court found the defendant guilty on all counts. It carefully considered the evidence presented, the legal definitions of the offences, and the circumstances surrounding each incident. The court concluded that the prosecution had met the burden of proof for each charge. In imposing sentences, the court took into account the seriousness of the offences, the defendant's criminal history, and the need for deterrence and rehabilitation. The sentences imposed were terms of imprisonment for each conviction, with the total reflecting the cumulative impact of the defendant's actions.

The court ordered that the sentences for each conviction be served concurrently, with specific details regarding the length of each term provided in the judgment. This decision ensures that the defendant receives a just and proportionate punishment for the range of offences committed.

Orders

Orders of the court

See [148]–[151]

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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