SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY
Case Title: | R v Parker |
Citation: | [2020] ACTSC 38 |
Hearing Date: | 7 February 2020 |
DecisionDate: | 7 February 2020 |
Before: | Walker AJ |
Decision: | 36 months imprisonment from 29 September 2019 to 28 September 2022, fully suspended from 7 February 2020. Drug and Alcohol Treatment Order of 12 months. See [34]-[38]. |
Catchwords: | CRIMINAL LAW – SENTENCING – Drug and Alcohol Sentencing List – aggravated robbery – Drug and Alcohol Treatment Order – recognition of time served on remand in custody |
Legislation Cited: | Criminal Code 2002 (ACT) ss 44, 310 Crimes (Sentencing) Act 2005 (ACT) ss 10, 12, 12A, 63 80O, 80S, 80T, 80Y |
Cases Cited: | Hall v R; Barker v R [2017] ACTCA 16 R v Henry (1995) [1999] NSWCCA 111; 46 NSWLR 346 |
Parties: | The Queen (Crown) Crystal Parker (Offender) |
Representation: | Counsel M Dyason (Crown) J Campbell (Offender) |
| Solicitors ACT DPP (Crown) Legal Aid ACT (Offender) | |
File Number(s): | SCC 244 of 2019 |
WALKER AJ (ex tempore)
Summary of charges
Ms Parker is charged with attempted aggravated robbery, in contravention of s 310 of the Criminal Code 2002 (ACT) (the Criminal Code) by virtue of s 44 of the Criminal Code, on 20 May 2019 (CC2019/8707) and two counts of aggravated robbery, in contravention of s 310 of the Criminal Code, the first on 20 May 2019 (CC2019/8408), the second on 23 July 2019 (CC2019/8328). These charges attract a maximum sentence of up to 25 years imprisonment, a fine of up to $400,000 or a combination of both.
Evidence
For the purpose of sentencing, I have had available to me the statement of agreed facts, Ms Parker's criminal history New South Wales and Western Australia, Drug and Alcohol Treatment Order suitability assessment reports from Ms Leah Robinson, social worker from the Alcohol and Drug Service dated 23 January 2020, Ms Alex Durant, social worker from the Forensic Mental Health Service dated 22 January 2020 and Mr Andrew Cuthel a Community Corrections Officer of ACT Corrective Services dated 28 January 2020.
Factual circumstances
The offender is a mature woman. She has an eight year old son and a 20 year old daughter. In the last few years she became addicted to heroin, a habit which at the time of this offending was costing her approximately $150 a day. During that time, she was in a relationship with her son's father and held employment as a disability support worker. The relationship with her daughter from a previous violent relationship is complicated. Her daughter is the co-offender in relation to these matters.
On 20 May 2019 they went together to a private hospital at approximately 6.00 pm. The co-offender followed a staff member into an office whilst Ms Parker remained in the corridor. The co-offender rushed the woman, demanding money whilst brandishing a knife. She then lunged toward the…
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- AGLC
- R v Parker [2020] ACTSC 38
- Case
- [2020] ACTSC 38
- Decision Date
CaseChat Overview and Summary
The legal issues before the court included the nature and seriousness of the offence, Parker's criminal history, and his potential for rehabilitation. The court also needed to consider whether Parker had already served sufficient time in custody pending the outcome of the case.
In delivering the judgment, the court emphasised the seriousness of the offence, noting that it involved violence and the threat of violence. However, it also acknowledged Parker's guilty plea, his otherwise clean criminal record, and his potential for rehabilitation, particularly through a drug and alcohol treatment program. The court decided that a fully suspended sentence would be appropriate, with the condition that Parker complete a drug and alcohol treatment order. The court further ordered that Parker's time served on remand in custody be recognised in the sentencing process.
The final orders were that Parker be sentenced to 36 months imprisonment, fully suspended from 7 February 2020, and that he be subject to a drug and alcohol treatment order of 12 months. The sentence was to run from 29 September 2019 to 28 September 2022.
Orders
Orders of the court
36 months imprisonment from 29 September 2019 to 28 September 2022, fully suspended from 7 February 2020. Drug and Alcohol Treatment Order of 12 months. See [34]-[38].
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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