R v Ngata

Case [2015] ACTSC 356


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
Legislation Act 2001 (ACT), s 190
Magistrates Court Act 1930 (ACT), s 90B
Supreme Court Act 1933 (ACT), s 68CA, Pt 8

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
Barbaro v The Queen (2014) 253 CLR 58
Grimshaw v Mann [2013] ACTSC 189
Islam v The Queen [2014] ACTCA 2
Miles v The Queen [2014] ACTCA 41
Munro v The Queen [2014] ACTCA 11
Murphy v The Queen [2005] ACTCA 43
Oliver (1980) 7 A Crim 174
Pavicevic v The Queen [2010] ACTCA 25
Roberts, Lewis and McVean (1994) 73 A Crim R 306
R v Campbell [2010] ACTCA 20
R v Cartwright (1989) 17 NSWLR 243
R v Flowers [2014] ACTCA 13
R v Harris (2007) 171 A Crim R 267
R v Hodge [2015] ACTSC 214
R v Robertson (2010) 174 ACTR 32
R v Sukkar [2006] NSWCCA 92
Slater v The Queen [2014] ACTCA 33
Taylor v The Queen [2014] ACTCA 9
T v R [2007] NSWCCA 62
Wong v The Queen (2001) 207 CLR 584
York v The Queen (2005) 225 CLR 466
Zocchi v The Queen [2013] ACTCA 12

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:

  1. 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. 

  1. As a result, Mr Ngata was charged with aggravated robbery.  The circumstances of…

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Details
AGLC
R v Ngata [2015] ACTSC 356
Case
[2015] ACTSC 356
Decision Date

CaseChat Overview and Summary

The case of R v Ngata involved the defendant, Fakatounaulupe Ngata, who was charged with multiple offences including aggravated robbery, affray, and causing harm while participating in an illegal group. The dispute centred around the severity of the sentences and the consideration of any mitigating factors, such as the defendant's offer of assistance to the authorities and his testimony during the trial. The case was heard and determined by the court of first instance in Australia.

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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