R v Morales

[2019] ACTSC 88

SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY

Case Title:

R v Morales

Citation:

[2019] ACTSC 88

Hearing Date:

7 February 2019

DecisionDate:

7 February 2019

Before:

Mossop J

Decision:

See  [38]

Catchwords:

CRIMINAL LAW – JURISDICTION, PRACTICE AND PROCEDURE – Judgment and punishment – sentencing – joint indictment – co-offenders sentenced at the same time – attempted aggravated robbery of taxi driver at night while carrying a sheathed knife – dishonestly ride in a motor vehicle without consent – possess prohibited weapon – guilty pleas – young offender played less significant role to co-offender in offending conduct – criminal history – abuse of illicit drugs – parity considered – prospects of rehabilitation considered – sentence of imprisonment to be served by way of intensive correction

Legislation Cited:

Crimes (Sentencing) Act 2005 (ACT), ss 11(3), 78, 80

Criminal Code 2002 (ACT), ss 308, 310(b), 318

Prohibited Weapons Act 1996 (ACT), s 5

Cases Cited:

R v Muell [2019] ACTSC 77

Parties:

The Queen (Crown)

Stephanie Morales (Offender)

Representation:

Counsel

K McCann (Crown)

T Warwick (Offender)

Solicitors

ACT Director of Public Prosecutions (Crown)

Paul Edmond & Associates (Offender)

File Numbers:

SCC 222 of 2018

SCC 223 of 2018

SCC 284 of 2018

MOSSOP J:

Introduction

1. Stephanie Morales has pleaded guilty to four offences:

(a)attempted aggravated robbery (a contravention of s 310(b) of the Criminal Code 2002 (ACT), the maximum penalty for which is 25 years imprisonment, 2500 penalty units or both);

(b)dishonestly riding in a motor vehicle without consent (a contravention of s 318 of the Criminal Code, the maximum penalty for which is five years imprisonment or 500 penalty units or both);

(c)possessing a prohibited weapon (a contravention of the Prohibited Weapons Act 1996 (ACT), s 5, the maximum penalty for which is five years imprisonment or 500 penalty units or both); and

(d)a further charge of dishonestly riding in a motor vehicle without consent.

Facts

1. As at 8 January 2018 Ms Morales and Mr Paul Muell were in a relationship and were living together.  On 7 January 2018, Mr Muell had been involved in an aggravated burglary at apartments in Lyneham and during the course of the burglary a Toyota Hilux was stolen.

1. Around 5:30am on 8 January 2018, a taxi driver was sitting in the driver’s seat of his taxi on Lonsdale Street in Braddon.  The ignition of the car was turned off and the window next to the driver’s seat was open.  The Toyota Hilux containing Mr Muell and Ms Morales drove back and forth past the taxi driver’s taxi a few times.  Mr Muell then ran up from behind the taxi and pointed what appeared to be a black handgun and a 30cm silver bladed knife with a black handle through the taxi driver’s open driver’s side window.  Mr Muell held the handgun in his right hand and the knife in his left hand.  Mr Muell opened the driver side door and demanded the taxi driver hand over his money and his wallet.  He threatened…