SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY
Case Title: | R v Pahl (No 2) |
Citation: | [2017] ACTSC 155 |
Hearing Dates: | 6 April 2017; 9 June 2017 |
DecisionDate: | 9 June 2017 |
Before: | Murrell CJ |
Decision: | Sentenced to two years and 11 months' imprisonment suspended on 7 September 2017 upon the offender entering into a good behaviour order for two years and eight months. |
Catchwords: | CRIMINAL LAW – JURISDICTION, PRACTICE AND PROCEDURE – Judgment and Punishment – Sentence – Property offences – Recklessly cause damage to property – Burglary – Moral culpability of offender who offended while experiencing alcohol induced psychosis – Psychotic episode caused by voluntary consumption of alcohol – Whether sentence of imprisonment should be fully suspended – Claim for reparation order in favour of insurer |
Legislation Cited: | Crimes (Sentencing) Act 2005 (ACT) ss 7, 11(3), 12, 19, 33, 35A Criminal Code2002 (ACT) ss 311, 403(1) |
Cases Cited: | R v CA (No 2) [2016] ACTSC 371; 316 FLR 49 |
Parties: | The Queen (Crown) Kevin Pahl (Offender) |
Representation: | Counsel Ms S Saikal-Skea (Crown) Mr S Whybrow (Offender) |
| Solicitors ACT Director of Public Prosecutions (Crown) Ben Aulich & Associates (Offender) | |
File Numbers: | SCC 279 of 2015; SCC 280 of 2015 |
MURRELL CJ:
In March 2017, I tried the offender without a jury. On 31 March 2017, I found him guilty of the offences that he:
(a)Count 1: Entered or remained in a building, 14–16 Brindabella Circuit, Canberra Airport, as a trespasser with intent to commit an offence in the building that was punishable by five years’ imprisonment or longer contrary to s 311 of the Criminal Code 2002 (ACT) (Criminal Code).
(b)Count 2: Recklessly caused damage to property belonging to Canberra Airport Group Pty Ltd (extensive damage within the building) contrary to s 403(1) of the Criminal Code.
(c)Count 3: Recklessly caused damage to property belonging to Canberra Airport Group Pty Ltd (a ticket machine) contrary to s 403(1) of the Criminal Code.
(d)Count 4: Recklessly caused damage to property belonging to Transfield Services (Australia) Pty Ltd (a Toyota HiLux utility vehicle) contrary to s 403 (1) of the Criminal Code.
The offences occurred in the course of the same incident on 10 February 2015.
The maximum penalty for an offence against s 311 of the Criminal Code is 14 years’ imprisonment, 1400 penalty units or both.
The maximum penalty for an offence against s 403(1) of the Criminal Code is 10 years’ imprisonment, 1000 penalty units or both.
The offender spent one day in custody in relation to these offences.
From the outset, the offender admitted the conduct and said that he had been in a delusional state at the time of the incident. The concessions made by the offender meant that, at the trial, it was not necessary to call any witnesses to the incident. The prosecution did not dispute…
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- R v Pahl (No 2) [2017] ACTSC 155
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- [2017] ACTSC 155
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CaseChat Overview and Summary
In assessing the appropriate sentence, the court examined the nature and circumstances of the offence, as well as the offender's background and personal circumstances. The court recognised that Pahl's actions were the result of alcohol induced psychosis, a condition that impaired his ability to understand the nature and quality of his actions. However, the court also noted that Pahl had voluntarily consumed the alcohol that led to his psychosis, and that his actions were still criminal in nature. The court concluded that while Pahl's moral culpability was diminished, it was not entirely negated. The court also considered the need for deterrence and rehabilitation, as well as the interests of the community and the insurer.
The court ultimately decided to suspend Pahl's sentence of two years and 11 months' imprisonment, subject to him entering into a good behaviour order for two years and eight months. The court found that a fully suspended sentence was appropriate in light of Pahl's personal circumstances and the need for rehabilitation. The court also declined to make a reparation order in favour of the insurer, finding that it was not necessary to achieve justice in the case. The final orders of the court were that Pahl's sentence be suspended on the condition that he enter into a good behaviour order for two years and eight months, and that no reparation order be made in favour of the insurer.
Orders
Orders of the court
Sentenced to two years and 11 months' imprisonment suspended on 7 September 2017 upon the offender entering into a good behaviour order for two years and eight months.
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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