R v McInnes
[2017] ACTSC 207
•4 August 2017
SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY
Case Title: | R v McInnes |
Citation: | [2017] ACTSC 207 |
Hearing Date: | 4 August 2017 |
DecisionDate: | 4 August 2017 |
Before: | Elkaim J |
Decision: | See paragraph [25] |
Catchwords: | CRIMINAL LAW – JURISDICTION, PRACTICE AND PROCEDURE – Judgment and Punishment – Sentence – aggravated robbery – obtain property by deception – minor theft. |
Legislation Cited: | Criminal Code 2002 (ACT) ss 310(b), 321, 326 |
Cases Cited: | R v Bresnan [2017] ACTSC 138 R v Campbell (No 2) [2016] ACTSC 368 |
Parties: | The Queen (Crown) Joseph Paul McInnes (Offender) |
Representation: | Counsel Ms S Saikal-Skea (Crown) Mr R Davies (Offender) |
| Solicitors ACT Director of Public Prosecutions (Crown) ACT Legal Aid (Offender) | |
File Numbers: | SCC 101 of 2017 and SCC 102 of 2017 |
ELKAIM J:
On 24 April 2017, the offender pleaded guilty to three charges of aggravated robbery contrary to s 310 (b) of the Criminal Code 2002 (ACT). The maximum penalty for each offence is 25 years imprisonment and/or a fine of $375,000.
The offender also pleaded guilty to a summary offence of minor theft, contrary to s 321 of the Criminal Code 2002 (ACT). The maximum penalty for the offence is six months imprisonment and/or a fine of $7,500.
The offender has also pleaded guilty to an offence of dishonestly obtaining property by deception, contrary to s 326 of the Criminal Code 2002 (ACT). The maximum penalty for the offence is ten years imprisonment and/or a fine of $150,000.
The first robbery occurred on 31 December 2016. The offender entered a discount store in the Westfield complex at Belconnen. He threatened a cashier with a knife and took $380 in cash.
The second robbery occurred on 1 January 2017, in the same complex. The offender entered an alcohol outlet. Once again, a cashier was threatened with a knife. On this occasion, $323.80 was taken.
The third robbery occurred on 9 January 2017 at a supermarket in Casey. The offender repeated the same pattern, threatening a cashier with a knife and then removing money from a till. On this occasion, the offender took $740.
The minor theft occurred on 6 January 2017. The offender stole $820 from the same discount store involved in the first robbery.
The offence of dishonestly obtaining property by deception occurred on 9 December 2016 at Ngunnawal. The offender used a stolen credit card to obtain goods to the value of $120.48.
CCTV footage showed that the offender had loitered in the relevant area before the robberies. There was clearly a degree of premeditation.
The offender has been in custody since 9 January 2017. He does not have a criminal record.
The offender was born in 1992. He was raised in Canberra by his father, with whom he has a strong relationship.
The offender has a child from a relationship that occurred when he was in Year 12. He sees his son every second weekend. His second significant relationship lasted for about two years.
The offender took a year off school when his then partner became pregnant. He has some work-related qualifications and wishes to go to university. He has had some employment and has also been in receipt of unemployment benefits. He is a keen footballer and hopes to take this up again in the future.
The offender drinks alcohol but apparently not to a dangerous level. Unfortunately, he has been involved with illicit drugs, in particular methylamphetamines. He blames his offending on being drug affected but also acknowledges the wrongfulness of his actions. He has expressed sympathy for his victims and has taken part in a restorative justice exercise. The restorative justice report says that the offender has taken responsibility for his actions. He has apologised personally to one of the victims and is to write a letter to another victim expressing his regret.
The pre-sentence report says that the offender is at a low to medium risk of reoffending. The report notes that he has a supportive and positive relationship with his father who will provide him with stable accommodation upon his release.
The offender has taken steps to address his substance abuse and anger management (Ex 2).
In considering sentence, I am bound to follow the objects and principles of sentencing and also to treat imprisonment as a last resort. In this case, the offender has, appropriately, spent about seven months in prison.
By way of comparable sentences, there are few that are very similar. However, I have taken into account R v Bresnan [2017] ACTSC 18 and R v Campbell (No 2) [2016] ACTSC 368.
The offender is entitled to a discount for his early pleas of guilty.
Sentencing a person like this offender is difficult. He has committed serious offences in which innocent people must have felt very threatened by his behaviour. At the same time, he is a person with no criminal record but has been overwhelmed by his drug use. The drugs are no excuse for his conduct but I can take into account that but for his taking of drugs he is unlikely to have become a criminal.
It is also necessary for me to take into account the victim impact statement from the employee who was robbed (Ex B). In her statement, she graphically describes the effects on her personally. She has become nervous, stressed and has trouble sleeping. She has lost the enthusiasm for her work environment that she once held.
I think that the offender must be given the opportunity to change the course of his life. He has real chances of rehabilitation. He can continue with drugs and become a frequent visitor to the courts. Alternatively, he can do something about his drug use and become a contributing member of society. I think it is important that he be given the opportunity to take the latter course.
For this reason, I do not think that he should remain in prison. Nevertheless, it is important that the seriousness of his offending is reflected in the sentences that I impose. Accordingly, I intend to impose sentences that are longer than the period for which he has been in custody but to suspend the remaining parts of his sentence on condition that he enter a Good Behaviour Order for a period of two years. During this period, or such shorter period as the Director decides, he is to accept the supervision of the Director of Corrective Services and obey all directions concerning drug rehabilitation and monitoring.
Consistent with my intention to give the offender an opportunity to put crime behind him, each sentence will be concurrent. This is also a reflection of the crimes being part of a single period of criminal activity stretching over about four weeks.
I make the following orders:
(a)For the offence of aggravated robbery (CC 17/783) the offender is sentenced to a term of imprisonment of 18 months to commence on 9 January 2017 and end on 8 July 2018.
(b)For the offence of aggravated robbery (CC 17/784) the offender is sentenced to a term of imprisonment of 18 months to commence on 9 January 2017 and end on 8 July 2018.
(c)For the offence of aggravated robbery (CC 17/785) the offender is sentenced to a term of imprisonment of 18 months to commence on 9 January 2017 and end on 8 July 2018.
(d)For the offence of minor theft (CC 17/786) the offender is sentenced to a term of imprisonment of 3 months to commence on 9 January 2017 and end on 8 April 2017.
(e)For the offence of obtain property by deception (CC 17/1374), the offender is sentenced to a term of imprisonment of 1 month to commence on 9 January 2017 and end on 8 February 2017.
(f)The terms of imprisonment for each of the offences of aggravated robbery are suspended with immediate effect on condition that the offender enter into a Good Behaviour Order today for a period of two years and comply with his obligations under the Crimes (Sentence Administration) Act 2005 (ACT) and further that he accept the supervision of ACT Corrective Services and obeys all reasonable directions of the Director-General or his delegate for two years or such shorter time as the Director-General decides.
| I certify that the preceding twenty-five [25] numbered paragraphs are a true copy of the Reasons for Judgment of his Honour Justice Elkaim. Associate: Date: 4 August 2017 |
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