R v Loulanting

Case [2015] ACTSC 172


SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY

Case Title:

R v Loulanting

Citation:

[2015] ACTSC 172

Hearing Date(s):

16 June 2015

DecisionDate:

23 June 2015

Before:

Refshauge J

Decision:

1.             For the offence of attempted robbery on 7 April 2006, the conviction for which was confirmed on 28 November 2014, James Conrad Loulanting be sentenced to two years imprisonment, to commence on 8 December 2014, to take into account pre-sentence custody. 

2.             James Conrad Loulanting be convicted of contravening a Protection Order on 18 January 2015 and sentenced to 12 months imprisonment, to commence on 18 June 2016; that is, to be cumulative as to six months on the first sentence. 

3.             James Conrad Loulanting be convicted of threatening to kill the victim on 19 January 2015 and sentenced to two years and six months imprisonment, to commence on 8 June 2016, to be cumulative as to 18 months on the sentence for the first contravention of the Protection Order.

4.             James Conrad Loulanting be convicted of contravening a Protection Order on 19 January 2015 and sentenced to 12 months imprisonment, to commence on 8 June 2016; that is, to be wholly concurrent with the sentence for the offence of threatening to kill the victim.

5.             A non parole period of two years and two months be set, to commence on 8 December 2014 and to end on 7 February 2017. 

Category:

Sentence

Catchwords:

CRIMINAL LAW – Practice and procedure – Sentence – Threat to kill – Breach of Protection Order – Family violence – Contravention of a Good Behaviour Order through further offending – Extensive criminal history – Use of methylamphetamines – Previous opportunities for reform – Denunciation – General deterrence

CRIMINAL LAW – Jurisdiction – Transfer of offences from the Magistrates Court – Back up offences – Related offences – Statutory interpretation – Ordinary or grammatical sense of the words modified to avoid absurdity

Legislation Cited:

Bail Act 1992 (ACT), s 49

Crimes Act 1900 (ACT), s 30
Crimes (Sentencing) Act 2005 (ACT), ss 7, 33(1)
Domestic Violence and Protection Orders Act 2008 (ACT), s 90(2)
Legislation Act 2001 (ACT), s 190
Magistrates Court Act 1930 (ACT), s 90A (7) (8) and (12), 90B (1)(a), 92A, 94
Supreme Court 1933 (ACT), s 68CA, Pt 8

Cases Cited:

Auld v The Queen [2013] ACTCA 21

Director of Public Prosecutions v Grabovac [1998] 1 VR 664
Footscray City College v Ruzicka (2007) 16 VR 498
Grey v Pearson (1857) 6 HLC 61
Guy v Telford [2013] ACTSC 5
Oliver (1982) 7 A Crim R 174
PR v The Queen [2014] ACTCA 40
R v Barker [2014] ACTSC 374
R v BB [2013] ACTSC 290
R v Hally [1965] Qd R 582
R v Hamid (2006) 164 A Crim R 179
R v Harris [2007] NSWCCA 130
R v Loulanting (Unreported, ACT Supreme Court, Crispin J, SCC 153 of 2006, 16 April 2007)
R v Loulanting [2014] ACTSC 392
R v Todd [1982] 2 NSWLR 517
R v Todd Elphick…

Continue reading R v Loulanting

Sign in free to access the full text

Details
AGLC
R v Loulanting [2015] ACTSC 172
Case
[2015] ACTSC 172
Decision Date

CaseChat Overview and Summary

James Conrad Loulanting was convicted of multiple serious offences, including threatening to kill, contravening a Protection Order, and attempted robbery. The case was heard in the Supreme Court of Queensland. The court needed to determine appropriate sentences for the multiple offences and set a non-parole period. The court's reasoning focused on the extensive criminal history of Loulanting, his drug use, and the need for denunciation and general deterrence. Loulanting's criminal history and the severity of the current offences were critical in the sentencing decision. The court also considered the nature of the offences and the need to protect the community.

The court held that Loulanting's criminal history, which included multiple opportunities for reform, warranted a severe sentence. The threats to kill and breaches of a Protection Order were particularly concerning, given the context of family violence. The court also noted the impact of methylamphetamine use on Loulanting's offending. The need for denunciation and general deterrence was emphasised as key factors in the sentencing. The court's decision reflected the seriousness of the crimes and the importance of holding Loulanting accountable.

The court sentenced Loulanting to a total of three years and six months imprisonment, with a non-parole period of two years and two months. The sentences for the various offences were set to run cumulatively, ensuring that Loulanting would serve a significant period in custody. The court's decision was based on the gravity of the offences, Loulanting's criminal history, and the need to protect the community. The final orders included specific sentences for each offence and the setting of a non-parole period.

Orders

Orders of the court

1. For the offence of attempted robbery on 7 April 2006, the conviction for which was confirmed on 28 November 2014, James Conrad Loulanting be sentenced to two years imprisonment, to commence on 8 December 2014, to take into account pre-sentence custody.

2. James Conrad Loulanting be convicted of contravening a Protection Order on 18 January 2015 and sentenced to 12 months imprisonment, to commence on 18 June 2016; that is, to be cumulative as to six months on the first sentence.

3. James Conrad Loulanting be convicted of threatening to kill the victim on 19 January 2015 and sentenced to two years and six months imprisonment, to commence on 8 June 2016, to be cumulative as to 18 months on the sentence for the first contravention of the Protection Order.

4. James Conrad Loulanting be convicted of contravening a Protection Order on 19 January 2015 and sentenced to 12 months imprisonment, to commence on 8 June 2016; that is, to be wholly concurrent with the sentence for the offence of threatening to kill the victim.

5. A non parole period of two years and two months be set, to commence on 8 December 2014 and to end on 7 February 2017.

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.