R v McInnes

[2017] ACTSC 207

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:

1. 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.

1. 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.

1. 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.

1. 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.

1. 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.

1. 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.

1. The minor theft occurred on 6 January 2017. The offender stole $820 from the same discount store involved in the first robbery.

1. 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.

1. CCTV footage showed that the offender had loitered in the relevant area before the robberies. There was clearly a degree of premeditation.

1. The offender has been in custody since 9 January 2017. He does not have a criminal record.

1. The offender was born in 1992. He was raised in Canberra by his father, with whom he has a strong relationship.

1. 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.

1. The offender took a year off school when his…