R v MC

SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY

Case Title:

R v MC

Citation:

[2020] ACTSC 128

Hearing Date:

19 May 2020; 9 June 2020

DecisionDate:

9 June 2020

Before:

Elkaim J

Decision:

See [20]

Catchwords:

CRIMINAL LAW – JURISDICTION, PRACTICE AND PROCEDURE – Judgment and Punishment – Sentence – attempt aggravated robbery – young person – general deterrence versus rehabilitation prospects

Legislation Cited:

Crimes (Sentence Administration) Act 2005 (ACT) s 86
Criminal Code 2002 (ACT) ss 44, 310

Parties:

The Queen (Crown)

MC (Offender)

Representation:

Counsel

C Wanigaratne (Crown)

B Morrisroe (Offender)

Solicitors

ACT Director of Public Prosecutions (Crown)

McKenna Taylor (Offender)

File Number:

SCC 56 of 2020

ELKAIM J:

1. On 10 March 2020 the offender pleaded guilty to one charge of attempted aggravated robbery (CH2019/903) in the Magistrates Court. He was committed to the Supreme Court for sentencing. The offence is contrary to s 310, by virtue of s 44, of the Criminal Code 2002 (ACT). The maximum penalty is 25 years’ imprisonment, a fine of $400,000 or both.

1. The details of the offence are set out in the Statement of Facts. In summary, on 12 September 2019, the offender and two other persons entered a Domino’s Pizza store in Kippax, just before 11:00pm. The offender was carrying a shortened double-barrelled shotgun. He was disguised. The offender pointed the gun at a store employee and also manhandled him. He asked him “where’s the money?”. He led the employee to the safe which the employee opened. The safe was emptied of $952.00. Before leaving the store the offender pointed a gun at the employee’s head while he was crouched down.

1. There can be little doubt that this would have been a most terrifying experience for the employee. The use of a firearm places this offence at about medium objective severity.

1. The offender has been in custody at the Bimberi Youth Detention Centre since 3 October 2019. This will be the starting date for the sentence of imprisonment I intend to impose. The sentence will be discounted by 20% to reflect the early plea of guilty.

1. The offender was born in 2002. He is almost 18. The offender is of Aboriginal descent. His family origins are in the Griffith area of New South Wales. He is very proud, as he should be, of his heritage.

1. Regrettably his upbringing has been marred by significant abuse and mistreatment. He has been subjected to domestic violence and sexual abuse. He has been exposed to drug and alcohol misuse in his own home. There are at least 80 child protection reports concerning his welfare. The offender’s father died in 2018. He has found it difficult to deal with this loss.

1. Not surprisingly the offender has had difficulty with his education. In 2015 he became involved in a program focusing on literacy, numeracy and cultural activities. He enjoyed the program. In 2019 the offender recommenced Year 10 studies and apparently did quite well. He has also been studying while in detention.

1. The offender started drinking…