R v Po'oi

[2018] ACTSC 364

SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY

Case Title:

R v Po’oi

Citation:

[2018] ACTSC 364

Hearing Date:

17 December 2018

DecisionDate:

17 December 2018

Before:

Wigney J

Decision:

See [80]

Catchwords:

CRIMINAL LAW – JURISDICTION, PRACTICE AND PROCEDURE – Judgment and Punishment – Sentence – aggravated robbery – aggravated burglary – intentionally inflicting grievous bodily harm – joint criminal enterprise

Legislation Cited:

Crimes Act 1900 (ACT) s 19

Crimes (Sentencing) Act 2005 (ACT) ss 7, 33

Criminal Code 2002 (ACT) ss 45A, 310, 312(a)

Cases Cited:

Beale v The Queen [2015] NSWCCA 120

Postiglione v The Queen (1997) 189 CLR 295
R v Chevalier [2018] ACTSC 236
R v Greentree (No 2) [2017] ACTSC 315
R v Lindley-Jones [2014] ACTSC 296
R v Lockwood [2018] ACTSC 288

R v Minnis [2014] ACTSC 268

Parties:

The Queen (Crown)

Daniel Ronald Po’oi (Offender)

Representation:

Counsel

Mr J De Bruin (Crown)

Mr J Lawton (Offender)

Solicitors

ACT Director of Public Prosecutions (Crown)

Sarah Boxall Legal (Offender)

File Number:

SCC 8 of 2017; SCC 9 of 2017

Wigney J:

Introduction

1. On 27 July 2018, the offender, Mr Daniel Ronald Po'oi was found guilty by a jury after a trial of three offences. Those offences were: first, an offence of aggravated robbery contrary to s 310 of the Criminal Code 2002 (ACT); second, an offence of aggravated burglary contrary to s 312(a) of the Criminal Code; and third, a charge of intentionally inflicting grievous bodily harm contrary to s 19 of the Crimes Act1900 (ACT). The jury acquitted the offender of four other offences, being two counts of assault occasioning actual bodily harm, threat to inflict grievous bodily harm, and inflicting actual bodily harm.

1. The Court’s task now is to impose sentences in respect of those offences for which the offender was found guilty and convicted. 

Facts

1. The facts of the offences which I have found to be proved beyond reasonable doubt, and which are consistent with the verdicts reached by the jury, are as follows.

1. Shortly after 5.00 am on the morning of 26 September 2016, the offender and a co-offender, Mr Manoa Chevalier entered unit 14/6 Beetaloo Court, Beetaloo Street, Hawker, in the Australian Capital Territory.  Mr Adrian Johnson was asleep on the couch in the unit.  Mr Johnson was also known by his initials, “AJ”. 

1. Shortly after 5.00 am, Mr Johnson woke up after someone said “AJ”.  Mr Johnson believed it was the offender who had spoken to him.

1. Mr Johnson saw the offender and co-offender.  The offender was sitting on a coffee table facing Mr Johnson.  The offender was armed with a sledgehammer.  The offender put the sledgehammer down. 

1. The co-offender was standing behind the offender and was holding a knife.  The co-offender’s hands were covered with socks. 

1. The offender said, “Don't worry, AJ.  We’re not going to hurt you.  We’re just here for the money and drugs.” 

1. Mr Johnson feared for his safety at the time. 

1. Mr Johnson told the offender that he did not have any…