R v Murphy

Case [2021] ACTSC 94


SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY

Case Title:

R v Murphy

Citation:

[2021] ACTSC 94

Hearing Date(s):

28 April 2021

DecisionDate:

21 May 2021

Before:

Loukas-Karlsson J

Decision:

See [78]

Catchwords:

CRIMINAL LAW – JURISDICTION, PRACTICE AND PROCEDURE – Judgment and Punishment – Sentence – Aggravated robbery – extensive criminal history – Where subjective history of substance abuse issues and homelessness relevant – Where offender on conditional liberty at time of offence

Legislation Cited:

Crimes (Child Sex Offenders) Act 2005 (ACT) s 37

Crimes (Sentence Administration) Act 2005 (ACT) s 108
Crimes (Sentencing Procedure) Act 1999 (NSW) s 22
Crimes (Sentencing) Act 2005 (ACT) ss 33, 35, 63

Criminal Code Act 2002 (ACT) s 310

Cases Cited:

Ashdown v The Queen [2011] 37 VR 341

Director of Public Prosecutions v Dalgliesh (a pseudonym) [2017] HCA 41; 262 CLR 428
Dyer v R [2011] NSWCCA 185
Hawkins v Hawkins [2009] ACTSC 148
Hili v the Queen [2010] HCA 45; 242 CLR 520
Hillier v DPP [2009] NSWCCA 312; 198 A Crim R 565
Jackson v R [2010] NSWCCA 162
Jinnette v R [2012] NSWCCA 217
Markarian v The Queen [2005] HCA 25; 228 CLR 357
Monfries v The Queen [2014] ACTCA 46; 245 A Crim R 80
Muldrock v The Queen [2011] HCA 39; 244 CLR 120
R v Bandy [2018] ACTSC 261
R v Hart (Unreported, Supreme Court of the ACT, Refshauge J, 7 December 2012)
R v Henry [1999] NSWCCA 111; 46 NSWLR 346
R v Hill [2016] ACTSC 310
R v Johnson [2018] ACTSC 137
R v Kilic [2016] HCA 48; 259 CLR 256
R v LM [2021] ACTSC 71
R v Martin [2007] VSCA 291; 20 VR 14
R v McNaughton [2006] NSWCCA 242; 66 NSWLR 566
R v Ogilvie [2015] ACTSC 296
R v Pham [2015] HCA 39; 256 CLR 550
R v Rahman [2020] ACTSC 319
R v Ridgeway [2018] ACTSC 8
R v Rootsey [2018] ACTSC 63
R v Toumo’ua [2017] ACTCA 9; 12 ACTLR 103
R v Van Rysewyk [2008] NSWCCA 130 at [25].
R v Vance [2008] VSC 468
R v Way [2004] NSWCCA 131; 60 NSWLR 168
R v Williams [2019] ACTSC 298
R v Zocchi (Unreported – Supreme Court of the ACT, Burns J, 24 February 2012)
Smith v The Queen [2011] NSWCCA 163
Veen v The Queen (No 2) (1988) 164 CLR 465

Wronski v Raue [2012] ACTSC 87

Parties:

The Queen (Crown)

Carl Andrew Murphy (Offender)

Representation:

Counsel

V Conliffe (Crown)

K Archer (Offender)

Solicitors

ACT Director of Public Prosecutions

Tim Sharman Solicitors

File Number(s):

SCC 242 of 2020

LOUKAS-KARLSSON J

Introduction

  1. On 23 October 2020 Carl Murphy (the offender) pleaded guilty to a single charge of aggravated robbery, contrary to s 310 of the Criminal Code Act 2002 (ACT) (Criminal Code). The maximum penalty for this offence is 25 years’ imprisonment, a fine, or both.

Agreed Facts

  1. The offending is…

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R v Murphy [2021] ACTSC 94
Case
[2021] ACTSC 94
Decision Date

CaseChat Overview and Summary

In R v Murphy, the offender pleaded guilty to aggravated robbery, involving the use of a knife to threaten a store employee and demand money. The offender had an extensive criminal history and significant personal issues, including substance abuse and homelessness. The court considered these factors, as well as the objective seriousness of the offence and the offender's plea of guilty. The court sentenced the offender to a term of three years' imprisonment, reduced from four years due to the plea discount, with a non-parole period of 11 months. The court also took into account the offender's breach of a good behaviour order but chose not to take further action in relation to it, instead considering it an aggravating factor on sentence. The court emphasised the importance of rehabilitation and support for the offender, acknowledging the challenges they would face upon release.

Orders

Orders of the court

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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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