SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY
Case Title: | The Queen v Ngata |
Citation: | [2015] ACTSC 356 |
Hearing Date(s): | 29 October 2015 |
DecisionDate: | 3 November 2015 |
Before: | Refshauge J |
Decision: | 1. Fakatounaulupe Ngata be convicted of aggravated robbery. 2. Fakatounaulupe Ngata be sentenced to three years imprisonment to commence on 25 November 2014. 3. The sentence be reduced by 29 months to take account of the offer of assistance to the authorities and giving evidence in the trial of the accused. 4. A non-parole period of 18 months be set, to begin on 25 November 2014 and to end on 24 May 2016. 5. The charges of affray and causing harm while participating in an illegal group be dismissed. |
Catchwords: | CRIMINAL LAW – Jurisdiction, practice and procedure – judgment and punishment – sentencing – aggravated robbery – in company – in a public place – transferred offences – back-up offences – remorse – assistance to authorities – principles applying to discount on sentence for assisting authorities |
Legislation Cited: | Crimes Act 1900 (ACT), ss 35A, 375 Crimes (Sentencing) Act 2005 (ACT), ss 7, 36, 57, Pt 4.4 Criminal Code 2002 (ACT), ss 310(a), 653 |
Cases Cited: | Allred v The Queen (2015) 10 ACTLR 325 Auld v The Queen [2013] ACTCA 21 |
Parties: | The Queen (Crown) Fakatounaulupe Ngata (Defendant) |
Representation: | Counsel Mr M Fernandez (Crown) Ms S Saikal (Defendant) |
| Solicitors ACT Director of Public Prosecutions (Crown) Legal Aid ACT (Defendant) | |
File Number(s): | SCC 119 of 2015 SCC 120 of 2015 |
REFSHAUGE J:
On 4 October 2014, Fakatounaulupe Ngata went with two other persons, the co-accused, to Belconnen Shopping Mall where they waited for the two victims to attend a motor cycle parking bay. When the victims appeared, the three, Mr Ngata and his two co-accused, attacked the two victims, punching them severely, and then stole the t-shirts that they were wearing.
As a result, Mr Ngata was charged with aggravated robbery. The circumstances of…
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- AGLC
- R v Ngata [2015] ACTSC 356
- Case
- [2015] ACTSC 356
- Decision Date
CaseChat Overview and Summary
The court was required to address several legal issues, primarily focusing on the sentencing principles applicable to the offence of aggravated robbery committed in company in a public place. The court needed to consider the principles applicable to discounting a sentence for assisting authorities, as well as the relevance of remorse and other mitigating factors. Additionally, the court had to assess the evidence and arguments regarding the back-up offences of affray and causing harm while participating in an illegal group.
In delivering the judgment, the court found Fakatounaulupe Ngata guilty of aggravated robbery. The court acknowledged the defendant's offer of assistance to the authorities and his testimony in the trial as mitigating factors. Consequently, the court decided to reduce the sentence by 29 months. The court set a non-parole period of 18 months, beginning on the date of conviction and ending on a specified future date. Furthermore, the charges of affray and causing harm while participating in an illegal group were dismissed by the court.
The court ordered that Fakatounaulupe Ngata be convicted of aggravated robbery and sentenced to three years imprisonment, effective from 25 November 2014. The sentence was to be reduced by 29 months to account for the defendant's offer of assistance to the authorities and his testimony. A non-parole period of 18 months was set, beginning on 25 November 2014 and ending on 24 May 2016. Finally, the charges of affray and causing harm while participating in an illegal group were dismissed by the court.
Orders
Orders of the court
1. Fakatounaulupe Ngata be convicted of aggravated robbery.
2. Fakatounaulupe Ngata be sentenced to three years imprisonment to commence on 25 November 2014.
3. The sentence be reduced by 29 months to take account of the offer of assistance to the authorities and giving evidence in the trial of the accused.
4. A non-parole period of 18 months be set, to begin on 25 November 2014 and to end on 24 May 2016.
5. The charges of affray and causing harm while participating in an illegal group be dismissed.
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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