R v ML - [2014] ACTSC 58

R v ML
[2014] ACTSC 58 (20 February 2014)

CRIMINAL LAW – Judgment and Punishment – Sentencing – Aiding and abetting in the commission of the offence of intentionally inflicting grievous bodily harm – Young offender

Crimes Act 1900 (ACT), s 19
Crimes (Sentence Administration) Act 2005 (ACT), s 64(3)(f)

Criminal Code 2002 (ACT), s 45

GAS v The Queen (2004) 217 CLR 198
Markarian v The Queen (2005) 228 CLR 357
Mitchell v Gallagher (2007) 177 A Crim R 94
Ngatte v The Queen [2013] NSWCCA 203
R v C V [2013] ACTCA 22
R v Goundar (2001) 127 A Crim R 331
R v Wright [2009] NSWCCA 3

EX TEMPORE JUDGMENT

No. SCC 305 of 2011

Judge: Refshauge J
Supreme Court of the ACT

Date: 20 February 2014

IN THE SUPREME COURT OF THE     )
  )          No. SCC 305 OF 2011
AUSTRALIAN CAPITAL TERRITORY           )

THE QUEEN
V
ML

ORDER

Judge:  Refshauge J
Date:  20 February 2014
Place:  Canberra

THE COURT ORDERS THAT:

ML be convicted of aiding and abetting GM in the commission of the offence of intentionally inflicting grievous bodily harm on Tayler Hazell on 1 June 2011.

ML be sentenced to twenty months’ imprisonment.

The sentence be suspended for two years from 20 February 2014.

ML sign an undertaking to comply with the offenders good behaviour obligations under the Crimes (Sentence Administration) Act 2005 (ACT) for a period of two years, with the condition that he perform 100 hours of community service within twelve months.

The infliction of violence is a serious matter and requires the Court to respond in a way that protects the peace and harmony of the community.

Now appearing for sentence for a serious offence of violence is ML. ML was one of a number of young men who were involved when, on 1 June 2011, Tayler Hazell was attacked, seriously assaulted and stabbed fifteen times, requiring immediate surgery.

As a result, ML was initially charged with attempted murder but, on 8 November 2013, he was instead charged with aiding and abetting GM in the commission of the offence of intentionally inflicting grievous bodily harm on Mr Hazell. He pleaded guilty to that charge on 11 November 2013, and now appears before me for sentence.

Intentionally inflicting grievous bodily harm is an offence under s 19 of the Crimes Act 1900 (ACT), for which the maximum penalty as at 1 June 2011 was fifteen years’ imprisonment. Under s 45 of the Criminal Code 2002 (ACT), a person who aids and abets the commission of an offence by another person is taken to have committed the offence and is punished as if he or she had committed the offence. Thus, ML is liable, on conviction, to a maximum penalty of fifteen years’ imprisonment.

This penalty prescribed by the Parliament requires the courts to regard the offence as very serious. See Markarian v The Queen (2005) 228 CLR 357.

The facts

The events have their beginning in the relationship between Mr Hazell…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

Continue reading R v ML

Details

AGLC: R v ML [2014] ACTSC 58
Case: [2014] ACTSC 58
Decision Date: 20 February 2014

CaseChat Overview and Summary

The appellant, ML, was charged with aiding and abetting GM in the commission of the offence of intentionally inflicting grievous bodily harm on Tayler Hazell on 1 June 2011. The case was heard in the Supreme Court of the Australian Capital Territory. ML pleaded guilty to the charge and the court was tasked with determining the appropriate sentence for the young offender. The court had to consider the seriousness of the offence, ML’s age and background, and the potential for rehabilitation.

The court identified several legal issues to be resolved, including the appropriate weight to be given to ML’s age and the need for a sentence that balanced the need for punishment and deterrence with the potential for rehabilitation. The court also had to consider the appropriate length of a custodial sentence and whether it should be suspended, as well as the conditions that should be attached to any suspended sentence. The court was required to balance the need for punishment and deterrence with the potential for rehabilitation, taking into account ML’s age, background, and the seriousness of the offence.

The court found that ML’s age and background were significant mitigating factors, but the seriousness of the offence required a custodial sentence. The court determined that a sentence of twenty months’ imprisonment was appropriate, but it should be suspended for two years to allow ML the opportunity to rehabilitate and avoid the negative consequences of a custodial sentence. The court also ordered that ML sign an undertaking to comply with the offenders good behaviour obligations under the Crimes (Sentence Administration) Act 2005 (ACT) for a period of two years, with the condition that he perform 100 hours of community service within twelve months. The court emphasised the importance of rehabilitation and the potential for ML to make a positive contribution to society if given the opportunity.

ML was convicted of aiding and abetting GM in the commission of the offence of intentionally inflicting grievous bodily harm on Tayler Hazell on 1 June 2011. ML was sentenced to twenty months’ imprisonment, which was suspended for two years from 20 February 2014. ML was also ordered to sign an undertaking to comply with the offenders good behaviour obligations under the Crimes (Sentence Administration) Act 2005 (ACT) for a period of two years, with the condition that he perform 100 hours of community service within twelve months.

Orders

Orders of the court

1. ML be convicted of aiding and abetting GM in the commission of the offence of intentionally inflicting grievous bodily harm on Tayler Hazell on 1 June 2011.

2. ML be sentenced to twenty months’ imprisonment.

3. The sentence be suspended for two years from 20 February 2014.

4. ML sign an undertaking to comply with the offenders good behaviour obligations under the Crimes (Sentence Administration) Act 2005 (ACT) for a period of two years, with the condition that he perform 100 hours of community service within twelve months.

Background

Background to the litigation

Full text does not contain this section.

Evidence

Evidence Before The Court

Full text does not contain this section.

Decision

Reasons for decision

Full text does not contain this section.

Ratio Decidendi

Legal Principle Established

Full text does not contain this section.