R v Pikula - [2022] ACTSC 219

SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY

Case Title:	R v Pikula
Citation:	[2022] ACTSC 219
Hearing Date:	22 July 2022, 25 August 2022
DecisionDate:	25 August 2022
Before:	Elkaim J
Decision:	(a) The convictions are confirmed. (b) For the offence of aggravated burglary the offender is sentenced to imprisonment for 3 years and 10 months to commence on 19 July 2021 and end on 18 May 2025. (c) For the offence of assault occasioning actual bodily harm the offender is sentenced to 1 year, 3 months and 8 days’ imprisonment, from 11 August 2024 and ending on 18 November 2025. (d) The total effective sentence is 4 years and 4 months’ imprisonment. (e) I set a non-parole period of two years and six months to commence on 19 July 2021 and end on 18 January 2024.
Catchwords:	CRIMINAL LAW – JURISDICTION, PRACTICE AND PROCEDURE – Judgment and Punishment – Sentence – extra-curial punishment – extensive criminal record
Legislation Cited:	Crimes Act 1900 (ACT) s 24 Criminal Code 2002 (ACT) s 312
Cases Cited:	R v Forrest (No 2) [2021] ACTSC 259 R v King [2022] ACTSC 183 R v Palmer [2020] ACTSC 13 R v Rowland [2016] ACTSC 192 R v Ruby Schrattenholtz [2017] ACTSC 416 Saipani v The Queen (No 2) [2021] ACTCA 8
Parties:	The Queen ( Crown) Villiam Bo Pikula ( Offender)
Representation:	Counsel D Swan ( Crown) J Cooper ( Offender)
Solicitors ACT Director of Public Prosecutions (Crown) Aboriginal Legal Service (Offender)
File Number:	SCC 263 of 2021

Elkaim J:

On 27 April 2021 the offender pleaded guilty to the following charges:

(i)Aggravated burglary contrary to s 312 of the Criminal Code 2002 (ACT). The maximum penalty is 20 years’ imprisonment and/or a fine of $320,000.
(ii)Occasioning actual bodily harm contrary to s 24 of the Crimes Act 1900 (ACT). The maximum penalty is five years’ imprisonment.

The matter was originally listed on 22 July 2022. As will be seen below the offender relies on the report of a psychiatrist, Dr Furst. The Crown wished to cross-examine the doctor but he was not available on that day. Accordingly, the matter was stood over until today.

In summary, these are the background facts. The victim lived in a unit in Reid in the ACT. Early on 19 July 2021 the victim was in bed, watching television. At around 4:20am he noticed the offender and another person approaching his front door. He noticed them through a baby monitor. They were examining the locks on a screen door. They were wearing COVID masks, gloves and dark clothing. The offender had a long carving knife. The other man had a baseball bat, or something like it.

The victim took hold of a machete and opened his door. He asked the two men to state their business. One of them responded “Where is it? Give it to us?”.

The two burglars tried to break down the security screen door. The victim, and a woman who was also in the…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

Continue reading R v Pikula

Details

AGLC: R v Pikula [2022] ACTSC 219
Case: [2022] ACTSC 219
Decision Date

CaseChat Overview and Summary

The offender, Villiam Bo Pikula, was found guilty of aggravated burglary and assault occasioning actual bodily harm. The Supreme Court of the Australian Capital Territory heard the case on 22 July 2022 and 25 August 2022, before Elkaim J. The Crown sought to cross-examine the offender's psychiatrist but had to stand over the matter due to the psychiatrist's unavailability. The offender pleaded guilty to the charges on 27 April 2021.

The legal issues involved in this case were the objective seriousness of the offence, the offender's subjective circumstances, and the appropriate sentence. The Crown argued that the offences were of medium objective seriousness, taking into account the planning, unprovoked nature, company, carrying of a large knife, and damage caused to the premises. The offender's subjective circumstances, including his schizophrenia, ADHD, and extensive criminal history, were also considered. The offender's plea of guilty was acknowledged with a 15% reduction in the sentence.

Elkaim J decided that the offences were of medium objective seriousness and took into account the offender's subjective circumstances, such as his schizophrenia, ADHD, and extensive criminal history. The starting point for the aggravated burglary sentence was four years and six months imprisonment, and after a 15% reduction, the sentence was three years and 10 months. For the assault occasioning actual bodily harm offence, the starting point was 18 months, and after a 15% reduction, the sentence was one year, three months, and eight days. The non-parole period was set at two years and six months.

The court confirmed the convictions and sentenced the offender to imprisonment for the offences. For the offence of aggravated burglary, the offender was sentenced to three years and 10 months imprisonment, starting on 19 July 2021 and ending on 18 May 2025. For the offence of assault occasioning actual bodily harm, the offender was sentenced to one year, three months, and eight days imprisonment, starting on 11 August 2024 and ending on 18 November 2025. The total effective sentence was 4 years and 4 months' imprisonment. The non-parole period was set at two years and six months, starting on 19 July 2021 and ending on 18 January 2024.

Orders