R v Lovelock

[2014] ACTSC 229

SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY

Case Title:

R v Lovelock

Citation:

[2014] ACTSC 229

Hearing Date:

30 June 2014

DecisionDate:

30 June 2014

Before:

Murrell CJ

Decision:

Fined and effective sentence of 3  years and 10 months’ imprisonment imposed, with a non-parole period of 2 years and 7 months.

For individual sentences see [31] to [38]

Category:

Sentence

Catchwords:

CRIMINAL LAW – Sentence – theft – take motor vehicle without consent – dishonestly appropriate postal articles – intentionally damage postal articles – drive with prescribed drug in oral fluid – aggravated robbery – guilty plea

Legislation Cited:

Crimes (Sentencing)Act2005 (ACT) ss 7, 33, 35

Cases Cited:

Auld v The Queen [2013] ACTCA 21

R v Henry (1999) 46 NSWLR 346

R v Robertson (2009) 174 ACTR 32

Parties:

The Queen (Crown)

Daniel Mark Lovelock (Offender)

Representation:

Counsel

Mr M Thomas (Crown)

Mr H Jorgensen (Offender)

Solicitors

Director of Public Prosecutions (ACT) (Crown)

Legal Aid ACT (Offender)

File Number:

SCC 81 of 2014

MURRELL CJ:

1. The offender adheres to pleas of guilty entered at an early opportunity in the Magistrates Court to six charges. The dates of the offences, nature of the offences and maximum available penalties are as follows: 

(a)On 25 February 2014, theft of fuel valued at $58.34, ten years’ imprisonment;

(b)On 26 February 2014, take a motor vehicle without consent, five years’ imprisonment;

(c)On 26 February 2014, dishonestly appropriate postal articles, ten years’ imprisonment;

(d)On 26 February 2014, intentionally damage postal articles, ten years’ imprisonment;

(e)On 26 February 2014, drive with a prescribed drug in oral fluid, fine of 10 penalty units for a first offence (20 penalty units for a subsequent offence); and

(f)On 8 March 2014, aggravated robbery of fuel and soft drinks valued at about $50, twenty-five years’ imprisonment. 

The offences

1. At about 1.42 pm on 25 February 2014, the offender parked his vehicle at a Coles service station, filled it with $58.34 worth of petrol and then drove away without paying for the fuel.  The incident was recorded on CCTV camera. 

1. At about 5.30 am on Wednesday, 26 February 2014, an Australia Post employee loaded his 2007 Toyota HiAce van with 227 post articles.  At about 9.03 am that same day, the offender parked his vehicle outside the Jamison Centre shops in the vicinity of the Jamison Newsagency and was loitering in that area, apparently under the influence of drugs.  At 9.19 am the Australia Post employee parked beside the Jamison Newsagency, and left his vehicle unlocked and the keys in the ignition while he ran into the Newsagency to deliver a package.  The offender entered the HiAce van, and drove it a distance of about 250 metres.  At that point, the offender stopped and opened a number of the parcels that were in the van.  The parcels contained some valuable items, including two platinum and diamond wedding rings and other jewellery, with a total value of over $4,000.  The offender appropriated that property and left the van, which…