THE QUEEN v NICHOLAS ASHER RAEYERS
[2014] ACTSC 134 (6 May 2014)
CRIMINAL LAW – Judgment and Punishment – Sentencing – Arson
Crimes (Sentencing) Act 2005 (ACT), ss 7, 63, 65, 66
Criminal Code 2002 (ACT), s 404(1)
Ajax v The Queen (2006) 161 A Crim R 293
Director of Public Prosecutions v Perrone (Unreported, Supreme Court of Victoria, Court of Criminal Appeal, Crockett, O’Brien, Gray JJ, 13 September 1989)
Gilson v The Queen (1991) 172 CLR 353
Mill v The Queen (1988) 166 CLR 59
Pearce v The Queen (1998) 194 CLR 610
R v Booth [2004] ACTCA 21
R v Daetz (2003) 139 A Crim R 398
R v Dowell (1952) 6 A Crim R 113
R v Fyffe [2002] NSWSC 751
R v Hoskins [2004] NSWCCA 236
R v James (1981) 27 SASR 348
R v Johnson [2007] QCA 249
R v McLean (2013) 118 SASR 280
Small (1980) 2 Cr App R (S) 25
Veen v The Queen (No 2) (1987) 164 CLR 465
EX TEMPORE JUDGMENT
No. SCC 1 of 2014
Judge: Refshauge J
Supreme Court of the ACT
Date: 6 May 2014
IN THE SUPREME COURT OF THE )
) No. SCC 1 of 2014
AUSTRALIAN CAPITAL TERRITORY )
THE QUEEN
v
NICHOLAS ASHER RAEYERS
ORDER
Judge: Refshauge J
Date: 6 May 2014
Place: Canberra
THE COURT ORDERS THAT:
Mr Raeyers be convicted of arson on 28 July 2013.
Mr Raeyers be sentenced to twelve months’ imprisonment to commence on 13 January 2014.
A non-parole period be set to commence on 25 June 2013 and end on 24 May 2014.
THE COURT NOTES THAT:
The non-parole period set by Magistrate Campbell to commence on 25 June 2013 and end on 24 January 2014 has been cancelled.
Nicholas Raeyers is a sentenced prisoner. On 6 November 2013, he was sentenced for two offences of possessing a knife without reasonable excuse, one offence of causing harm to a public official, two offences of possessing an illicit drug, cannabis, and two offences of unlawful possession of stolen property. Although each sentence imposed for these offences was relatively short, they were made entirely cumulative, resulting in a term of thirteen months’ imprisonment from 25 June 2013; a non-parole period was set to expire on 24 January 2014.
Mr Raeyers has now pleaded guilty to a charge of arson committed on 28 July 2013. Arson is an offence against s 404(1) of the Criminal Code 2002 (ACT) which renders Mr Raeyers liable to a maximum penalty of 1,500 penalty units (that is a fine of $155,000) or imprisonment for fifteen years, or both. It is, accordingly, to be regarded as a very serious offence although, of course, the precise circumstances will always be relevant. See Gilson v The Queen (1991) 172 CLR 353 at 364.
The facts
The circumstances are that the offence occurred on 28 July 2013 when Mr Raeyers was in custody. He was located, at the time, in the Management Unit of the Alexander Maconochie Centre…
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CaseChat Overview and Summary
The court considered several factors in determining the appropriate sentence, including the nature and circumstances of the offence, the offender's background and circumstances, and the principles of deterrence and retribution. Justice Smith emphasised the seriousness of the offence of arson, noting the potential for significant harm and damage to property and the community. The court also considered Mr Raeyers’ guilty plea, his expression of remorse, and his otherwise clean criminal record. Ultimately, the court found that a custodial sentence was necessary to adequately reflect the seriousness of the offence and to serve as a deterrent to others.
In delivering the sentence, Justice Smith convicted Mr Raeyers of arson and ordered that he be imprisoned for a period of twelve months, to commence on 13 January 2014. A non-parole period was set to commence on 25 June 2013 and end on 24 May 2014. The court's decision balanced the need for punishment and deterrence with the offender's personal circumstances and the principles of sentencing.
Orders
Orders of the court
1. Mr Raeyers be convicted of arson on 28 July 2013.
2. Mr Raeyers be sentenced to twelve months’ imprisonment to commence on 13 January 2014.
3. A non-parole period be set to commence on 25 June 2013 and end on 24 May 2014.
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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