R v Mena

[2018] ACTSC 92

SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY

Case Title:

R v Mena

Citation:

[2018] ACTSC 92

Hearing Date:

9 February 2018

DecisionDate:

9 February 2018

Before:

Mossop J

Decision:

See [40]

Catchwords:

CRIMINAL LAW – JURISDICTION, PRACTICE AND PROCEDURE – Judgment and punishment – sentencing – aggravated burglary – assault occasioning actual bodily harm – recklessly inflicting grievous bodily harm – burglary conducted on residential premises with residents present – victim stabbed – limited criminal history – good prospects for rehabilitation from illicit drug use – early guilty plea – submission for an assessment for an intensive corrections order not accepted – general deterrence – specific deterrence – period of imprisonment suspended after 10 months

Legislation Cited:

Crimes Act 1900 (ACT), ss 20, 24

Crimes (Sentence Administration) Act 2005 (ACT)

Criminal Code 2002 (ACT), s 312

Parties:

The Queen (Crown)

Sugimatatihuna Bernard Gabriel Mena (Offender)

Representation:

Counsel

M Fernandez (Crown)

A Fraser (Offender)

Solicitors

ACT Director of Public Prosecutions (Crown)

Armstrong Legal (Offender)

File Number:

SCC 303 of 2017

MOSSOP J:

Introduction

1. The offender has pleaded guilty to three charges:

a)     a charge of aggravated burglary (CC2017/11248);

b)     a charge of assault occasioning actual bodily harm (CC2017/11249); and

c)     a charge of recklessly inflicting grievous bodily harm (CC2017/11250).

1. The maximum penalty for aggravated burglary (s 312 of the Criminal Code 2002 (ACT)) is 20 years imprisonment, a fine of up to $300,000, or both.

1. The maximum penalty for assault occasioning actual bodily harm (s 24 of the Crimes Act 1900 (ACT)) is five years imprisonment.

1. The maximum penalty for recklessly inflicting grievous bodily harm (s 20 of the Crimes Act) is 13 years imprisonment.

1. The offender pleaded guilty to each of the charges on the second occasion the proceedings were before the Court, which I treat as at the earliest reasonably possible stage.

Facts

1. The offences occurred on 8 May 2017 at a small flat at the rear of residential premises on a residential street in Kaleen.  The residents of the flat were a Mr Lewin and his partner Ms Bartley. A Mr Dimitradiou was also at the premises.  Mr Lewin’s father and mother lived in the main residence on the block.

1. At about 7:30pm the three were inside the flat watching a movie together when two males entered both yelling at them not to move.  The offender was holding a tyre iron.  The second male, who is unidentified, was wearing plastic disposable gloves, carrying a small knife with a blue handle and a steel bat. 

1. The second male tried to stab Mr Dimitradiou in the stomach which he blocked but had his thumb cut.  Mr Dimitradiou wrestled the bat from the second male and was stabbed in the right forearm. Using the bat Mr Dimitradiou hit the second male a number of times which resulted in him running from the flat.  The wound to his right forearm was a deep stab wound about 4 cm long and 1 cm wide.

1. The offender hit Mr Lewin on the…