R v McCurley

[2020] ACTSC 140

SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY

Case Title:

R v McCurley

Citation:

[2020] ACTSC 140

Hearing Date:

6 February 2020

DecisionDate:

13 March 2020

Before:

Burns J

Decision:

See [53]–[75]

Catchwords:

CRIMINAL LAW – JURISDICTION, PRACTICE AND PROCEDURE – Judgment and Punishment – Sentence – five counts aggravated burglary – one count burglary – two counts attempted aggravated burglary by joint commission – two counts theft – one count theft by joint commission – two counts riding in a motor vehicle without consent – one count driving a motor vehicle without consent – one count taking a motor vehicle without consent – two counts causing damage to property by fire by joint commission – one count damaging property by joint commission – one count damaging property – pleas of guilty – general and personal deterrence – guarded prospects for rehabilitation

Cases Cited:

R v Inder [2019] ACTSC 208

Parties:

The Queen (Crown)

Patrick McCurley (Offender)

Representation:

Counsel

E Wren (Crown)

S McLaughlin (Offender)

Solicitors

ACT Director of Public Prosecutions (Crown)

Legal Aid ACT (Offender)

File Number:

SCC 164 of 2019; SCC 307 of 2019

BURNS J:

1. Patrick McCurley, you have pleaded guilty to 19 offences committed between

   
   

   14 and 28 March 2019. These offences are:

·        five counts of aggravated burglary;

·        one count of burglary;

·        two counts of attempted aggravated burglary by joint commission;

·        three counts of theft including one by joint commission;

·        two counts of riding in a motor vehicle without consent;

·        one count of driving a motor vehicle without consent;

·        one count of taking a motor vehicle without consent;

·        two counts of causing damage to property by fire by joint commission;

·        one count of damaging property by joint commission; and

·        one count of damaging property.

1. The maximum penalty for the offence of aggravated burglary is 20 years' imprisonment, a fine of 2000 penalty units, or both. The maximum penalty for the offence of burglary is 14 years' imprisonment, a fine of 1400 penalty units, or both. The maximum penalty for the offence of theft is 10 years' imprisonment, a fine of 1000 penalty units, or both. The maximum penalty for taking, riding in or driving a motor vehicle without consent is five years' imprisonment, a fine of 500 penalty units, or both. The maximum penalty for the offence of causing damage to property by fire is 15 years' imprisonment,

   
   

   a fine of 1500 penalty units, or both. Finally, the maximum penalty for the offence of damaging property is 10 years' imprisonment, a fine of 1000 penalty units, or both.

1. You entered pleas of guilty to these charges on different dates and at different stages of the proceedings. You were charged with a number of offences on 4 April 2019, when you first appeared before the ACT Magistrates Court, and the remainder on 9 May 2019. You entered pleas of not guilty to all charges on 9 May 2019 in the

   
   

   ACT Magistrates Court.

1. Of the offences, 13…