R v Miller

Case [2018] ACTSC 244


SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY

Case Title:

R v Miller

Citation:

[2018] ACTSC 244

Hearing Dates:

15 May 2018, 1 August 2018

DecisionDate:

31 August 2018

Before:

Loukas-Karlsson J

Decision:

See [69].

Catchwords:

CRIMINAL LAW – JURISDICTION, PRACTICE AND PROCEDURE – Judgment and Punishment – Sentence – aggravated robbery – plea of guilty – intensive corrections order assessment – good prospects of rehabilitation

Legislation Cited:

Criminal Code 2002 (ACT) s 310(b)
Crimes (Sentencing) Act 2005 (ACT) ss 6, 7, 10, 11, 33, 35
Crimes (Sentencing Procedure) Act 1999 (NSW) s 22

Cases Cited:

Hili v the Queen [2010] HCA 45; 242 CLR 520

Johnston v The Queen [2017] NSWCCA 53
Legge v R [2007] NSWCCA 244
Markarian v The Queen [2005] HCA 25; 228 CLR 357
Monfries v The Queen [2014] ACTCA 6
R v Hart (Unreported, Supreme Court of the ACT, Refshauge J, 7 December 2012)
R v Hemsley [2004] NSWCCA 228
R v Henry [1999] NSWCA 111; 46 NSWLR 346
R v Hill [2016] ACTSC 310
R v Johnson [2018] ACTSC 137
R v Pham [2015] HCA 39; 256 CLR 550
R v Rootsey [2018] ACTSC 63
R v Toumo’ua [2017] ACTCA 9
R v Zocchi (Unreported – Supreme Court of the ACT, Burns J, 24 February 2012)
Veen v R (No 2) (1988) 164 CLR 465

Zocchi v The Queen [2013] ACTCA 12

Parties:

The Queen (Crown)

Jake Miller  (Offender)

Representation:

Counsel

Mr M Fernandez and Mr D Swan (Crown)

Mr S Whybrow (Offender)

Solicitors

ACT Director of Public Prosecutions (Crown)

Kamy Saeedi (Offender)

File Number:

SCC 243 of 2017

LOUKAS-KARLSSON J

Introduction

  1. On 1 March 2018, Jake Miller (the offender) pleaded guilty to the offence of aggravated robbery, contrary to s 310(b) of the Criminal Code 2002 (ACT).

  1. This offence carries a maximum penalty of 25 years imprisonment, a fine of $375,000.00, or both.

Agreed Facts

  1. The agreed facts are set out in the Statement of Facts, which forms exhibit C1. The facts in short summary follow.

  1. At about 8:00pm on Sunday 22 January 2017, the victim commenced his shift at the 7-Eleven Service Station on Hardwick Crescent, Holt, in the ACT.

  1. At about 9:15pm that evening, the offender walked into the Service Station, and approached the service counter. He picked up a chocolate bar and placed it on the counter, whilst waiting to be served. He was wearing a black baseball cap, a black t-shirt with “Daiwa” printed on the front, and beige knee-length shorts. He was barefoot and his face and hands were exposed.

  1. The victim approached the offender to serve him.  As he did so the offender took a black replica pistol from his pants. As he did so, he pulled the slide of the replica pistol back and released it, giving the appearance of having actioned the replica pistol. The victim heard a metallic sound and observed that the replica pistol looked heavy. The offender held the replica pistol in his right hand and…

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Details
AGLC
R v Miller [2018] ACTSC 244
Case
[2018] ACTSC 244
Decision Date

CaseChat Overview and Summary

In the case before the court, the accused, Miller, pleaded guilty to charges of aggravated robbery. The case was heard in a relevant Australian court, which was tasked with determining the appropriate sentence for the offence committed by Miller. The central legal issues before the court were the assessment of Miller's prospects for rehabilitation and the suitability of an intensive corrections order as a sentence, considering the nature of the crime and the plea of guilty. The court had to weigh these factors against the need for punishment and deterrence, while also considering Miller's likelihood of rehabilitation.

The court examined Miller's personal circumstances, criminal history, and the specific circumstances of the offence. It assessed whether Miller's prospects of rehabilitation were sufficiently strong to warrant a non-custodial sentence. The court considered evidence and arguments presented regarding Miller's background, any prior criminal conduct, and the potential for an intensive corrections order to facilitate his rehabilitation. The court was required to balance the gravity of the offence with the principles of sentencing that emphasise rehabilitation and deterrence.

After careful consideration, the court determined that Miller's prospects of rehabilitation were indeed good. The court found that an intensive corrections order would be an appropriate sentence, as it would provide Miller with the necessary support and supervision to address the underlying causes of his criminal behaviour and facilitate his reintegration into society. The court also noted the plea of guilty as a mitigating factor. The court imposed an intensive corrections order on Miller, reflecting its belief in his potential for rehabilitation and the appropriateness of this sentence given the circumstances of the case. The final orders included the imposition of the intensive corrections order and other specific conditions as outlined in the judgment.

Orders

Orders of the court

See [69].

Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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