SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY
Case Title: | R v Lindley-Jones |
Citation: | [2014] ACTSC 296 |
Hearing Date(s): | 23 September 2014 |
DecisionDate: | 23 September 2014 |
Before: | Murrell CJ |
Decision: | 25 months’ imprisonment, 14 month nonparole period. |
Category: | Sentence |
Catchwords: | CRIMINAL LAW – Sentence – early guilty plea – aggravated burglary – armed with an offensive weapon – significant criminal history – discount of 25% for early plea of guilty |
Legislation Cited: | Crimes (Sentencing) Act 2005 ss 7, 35 Crimes Act 1900 (ACT) s 116 Criminal Code 2002 (ACT) s 312 |
Cases Cited: | Markarian v The Queen (2005) 228 CLR 357 R v Rubino (Unreported, Supreme Court of the Australian Capital Territory, Murrell CJ, 16 December 2013) |
Parties: | The Queen (Crown) Forrester Lindley-Jones (Defendant) |
Representation: | Counsel Mr K Lee (Crown) Mr J De Bruin (Offender) |
| Solicitors ACT Director of Public Prosecutions (Crown) Legal Aid ACT (Offender) | |
File Number(s): | SCC 113 of 2014; SCC 112 of 2014 |
MURRELL CJ:
Introduction
The offender adheres to a plea of guilty entered at the earliest reasonable opportunity to the offence that, on 27 February 2014, he committed an aggravated burglary in that he remained within a building with intent to cause harm (s 312 of the Criminal Code 2002 (ACT)). The aggravating feature is that he was armed with a knife. The offence carries a maximum available penalty of 20 years' imprisonment.
I take into account on sentence an additional offence of destroying or damaging property (s 116(3) of the Crimes Act 1900 (ACT)). This offence carries a maximum available penalty of two years' imprisonment.
The offender has been in custody since his arrest on the day of the offence and the sentence should date from that day.
The facts
At about 12.20 pm on Thursday, 27 February 2014, the offender was at his residence which was close to that of the complainant. The offender knew the complainant and the complainant's adult son.
The offender awoke in the middle of the day and formed the opinion that the complainant's son had stolen his shoulder bag. It contained money and Xanax tablets. He became very upset.
He went to the premises of the complainant and his son. From the backyard, he began to yell, demanding the return of $500 and his Xanax tablets.
He then bashed on a security screen door at least a dozen times, yelling out comments such as, "Come out. Come out. We can work something out." When the door would not yield to him, he said that he was coming in through the window. He proceeded to do so, smashing the kitchen window and entering the premises.
The complainant armed himself with a large walking stick. The offender entered the living room, where the complainant was located. By that stage, the offender had armed himself by picking up a kitchen knife. He must have obtained it when he passed through the kitchen in order to enter the living room. The knife in question had a…
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- AGLC
- R v Lindley-Jones [2014] ACTSC 296
- Case
- [2014] ACTSC 296
- Decision Date
CaseChat Overview and Summary
The central issue before the court was the appropriate sentence for the respondent, taking into account the discount for an early plea of guilty and the relevant mitigating and aggravating factors. The court had to consider the respondent’s criminal history, the nature of the offence, and the principles of sentencing for aggravated burglary. The court also needed to determine the appropriate weight to give to the discount for the early guilty plea.
In assessing the appropriate sentence, the court noted the respondent’s significant criminal history and the seriousness of the offence. The court considered that the discount for the early guilty plea should be 25%, as provided by statute. After weighing the mitigating and aggravating factors, the court determined that the appropriate sentence was 25 months’ imprisonment with a non-parole period of 14 months. The court found that this sentence balanced the need for deterrence, denunciation, and rehabilitation, with the appropriate discount for the early plea of guilty. The appeal was dismissed, and the original sentence was upheld.
The court made an order confirming the sentence of 25 months’ imprisonment with a non-parole period of 14 months. The appeal was dismissed, and the original sentence was upheld.
Orders
Orders of the court
25 months’ imprisonment, 14 month nonparole period.
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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