R v Muell

[2019] ACTSC 77

SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY

Case Title:

R v Muell

Citation:

[2019] ACTSC 77

Hearing Date:

7 February 2019

DecisionDate:

7 February 2019

Before:

Mossop J

Decision:

See [36]

Catchwords:

CRIMINAL LAW – JURISDICTION, PRACTICE AND PROCEDURE – Judgment and punishment – sentencing – joint indictment – co-offenders sentenced at the same time – aggravated burglary of underground carpark of apartment complex where vehicle taken and motorbike stolen – aggravated burglary of Subway store – attempted aggravated robbery of taxi driver at night while carrying a handgun and knife – young offender with more significant role than co-offender in offending conduct – guilty pleas – poor criminal history – abuse of illicit drugs – parity considered – prospects of rehabilitation considered – general deterrence, punishment, denunciation and protection to the community – custodial sentences 

Legislation Cited:

Criminal Code 2002 (ACT), ss 308, 310(b), 312, 318

Cases Cited:

Hall v The Queen; Barker v The Queen [2017] ACTCA 16

R v Beattie [2019] ACTSC 12
R v Billington [2014] ACTSC 350
R v Lock [2016] ACTSC 31

R v Lowe [2015] ACTSC 116

Parties:

The Queen (Crown)

Paul Muell (Offender)

Representation:

Counsel

K McCann (Crown)

S McLaughlin (Offender)

Solicitors

ACT Director of Public Prosecutions (Crown)

Legal Aid ACT (Offender)

File Numbers:

SCC 92 of 2018

SCC 238 of 2018

MOSSOP J:

Introduction

1. Paul Muell has pleaded guilty to five charges for offences committed on 7 and 8 January 2018.

1. The charges are:

(a)aggravated burglary (being a contravention of s 312 of the Criminal Code 2002 (ACT), the maximum penalty for which is 20 years imprisonment, 2000 penalty units or both);

(b)theft (a contravention of s 308 of the Criminal Code, the maximum penalty for which is 10 years imprisonment, 1000 penalty units or both);

(c)dishonestly taking a motor vehicle without consent (a contravention of s 318 of the Criminal Code, the maximum penalty being five years imprisonment, 500 penalty units or both);

(d)a further charge of aggravated burglary; and

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

1. The first three offences were committed on 7 January 2018, the last two were committed on 8 January 2018.  All of the offending occurred within a seven and a half hour period.

Facts

1. The facts relating to the first three offences listed above are as follows.

1. About 10:26pm on 7 January 2018, the offender and an unknown male entered the underground carpark of the Axis Apartments located in Miller Street in Lyneham.  The underground carpark was secured by a swipe card.  The offender and the unknown male entered the carpark on foot by following behind a car as it drove through the sliding access gate.  The offender attempted to partially cover his face with a black face covering with a white graphic design around the mouth and nose area.  The unknown male also had his face…