R v O'Connor

[2019] ACTSC 132

SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY

Case Title:

R v O’Connor  

Citation:

[2019] ACTSC 132

Hearing Dates:

30 January 2019 and 23 May 2019

DecisionDate:

23 May 2019

Before:

Mossop J

Decision:

See [55]

Catchwords:

CRIMINAL LAW – JURISDICTION, PRACTICE AND PROCEDURE – Judgment and punishment – sentence – make a demand with threat – aggravated robbery –  actual use of force against victim – disparity in age between victim and offender – sentencing of four co-offenders – intimidatory effect of co‑offenders in a group – offending conduct recorded – significant criminal history – sentences fully suspended – imposition of good behaviour order

Legislation Cited:

Crimes Act 1900 (ACT), ss 32(2), 32(2)(a)

Criminal Code 2002 (ACT), ss 310, 403

Crimes (Sentencing) Act 2005 (ACT), s 53

Cases Cited:

Azzopardi v R [2011] VSCA 372; 35 VR 43

Parties:

The Queen (Crown)

Matthew O’Connor (Offender)

Representation:

Counsel

P Dixon (Crown)

R Davies (Offender)

Solicitors

ACT Director of Public Prosecutions (Crown)

Legal Aid ACT (Offender)

File Number:

SCC 91 of 2018

MOSSOP J:

Introduction

1. Matthew O’Connor has pleaded guilty to the following charges:

(1)making a demand of a person with a threat to endanger that person’s health, safety or physical well-being contrary to s 32(2)(a) of the Crimes Act 1900 (ACT) (Count 1) (XO2018/31444), the maximum penalty being 10 years imprisonment;

(2)aggravated robbery contrary to s 310 of the Criminal Code 2002 (ACT) (Count 2) (CC2018/13668), the maximum penalty being 25 years imprisonment or 2000 penalty units or both; and

(3)making a demand of a person with a threat to endanger that person’s health, safety or physical well-being contrary to s 32(2)(a) of the Crimes Act (Count 3) (XO2018/31445), the maximum penalty being 10 years imprisonment.

1. Counts 1 and 2 were alleged to have been committed jointly.  The sentencing of the offender occurred at the same time as the sentencing of his co-offenders, namely Mr Bobbine, Mr Westbrook and a young person who I will refer to as UB.  Count 1 was committed with UB and Count 2 committed with Mr Bobbine, Mr Westbrook and UB.  Given that I am sentencing the co‑offenders at the same time, I will include in these reasons a full statement of the facts relating to all offences in order to place the offender’s conduct in its proper context and also to remove the need to repeat the facts when sentencing his co-offenders.

Facts

Count 1

1. Between 19 October and 6 November 2017, the first victim who I will refer to as KE, was with some friends outside the Westfield Belconnen shopping mall near one of the exits.  KE was 17 years old at the time and was sitting on his BMX bike.  KE was approached by Mr O’Connor who told KE to give him $50 because KE had been “talking shit”.  Mr O’Connor told KE that if he did not give him the money he would “bash” KE and take his bike.

1. Mr O’Connor then used his phone to call UB, a young…