R v Rappel

[2017] ACTSC 38

SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY

Case Title:

R v Rappel

Citation:

[2017] ACTSC 38

Hearing Dates:

18, 19 July and 5, 6, 7, 8 September 2016

DecisionDate:

24 February 2017

Before:

Burns J

Decision:

See [152]-[156]

Catchwords:

CRIMINAL LAW – JURISDICTION, PRACTICE AND PROCEDURE – Judgment and Punishment – Sentence – offences against the person – murder – assault occasioning actual bodily harm – contravening a protection order – plea of guilty – disputed facts – intention – worst case – sentenced to terms of imprisonment.

Legislation Cited:

Crimes Act 1900 (ACT) ss 12, 24

Crimes (Sentencing) Act 2005 (ACT) s 35(4)
Domestic Violence and Protection Orders Act 2008 (ACT)

Evidence Act 2011 (ACT) s 65

Cases Cited:

Arthars v The Queen [2013] VSCA 258; 39 VR 613

Burrell v The Queen [2009] NSWCCA 163; 196 A Crim R 199
Coggan v The Queen [2013] ACTCA 49
R v Droudis (No 16) [2017] NSWSC 20
R v Harris [2000] NSWCCA 469; 50 NSWLR 409
R v Hayes [2010] QCA 96
R v Perry [2006] NSWCCA 351; 166 A Crim R 383
R v Kilic [2016] HCA 48
R v Rappel [2016] ACTSC 295
R v Thomson; R v Houlton [2000] NSWCCA 309; 49 NSWLR 380
R v Verdins [2007] VSCA 102; 16 VR 269

R v Twala (NSW Court of Criminal Appeal, 4 November 1994, unreported)

Parties:

The Queen (Crown)

Marcus Rappel (Offender)

Representation:

Counsel

Mr S Drumgold with Ms Christensen (Crown)

Mr S Whybrow (Offender)

Solicitors

ACT Director of Public Prosecutions (Crown)

Ben Aulich and Associates (Offender)

File Number:

SCC 204 of 2015

BURNS J:

1. Marcus Rappel, on 3 March 2016 you were arraigned on an indictment dated 21 September 2015 and entered pleas of guilty to the following charges:

(a)Count 1 – alleging that on 28 February 2015 you murdered Tara Costigan;

(b)Count 2 – alleging that on the same date, being a person who had been personally served with a copy of a protection order, you did contravene a condition of that protection order; and

(c)Count 4 – alleging that on the same date you assaulted Bryce Bullman, thereby occasioning to him actual bodily harm.

1. On 18 July 2016, you were arraigned on and plead guilty to Count 3 on the same indictment, alleging that on 28 February 2015 you recklessly inflicted grievous bodily harm on Rikki Schmidt.

1. The offence of murder, contrary to s 12 of the Crimes Act 1900 (ACT) (the Crimes Act), carries a maximum penalty of life imprisonment. The offence of assault occasioning actual bodily harm contrary to s 24 of the Crimes Act carries a maximum penalty of five years imprisonment. The offence of contravening a protection order carries a maximum penalty of 5 years imprisonment, a fine of $75,000 or both. The offence of recklessly inflicting grievous bodily harm carries a maximum penalty of 13 years imprisonment.

1. For the purposes of sentencing you it will be necessary to make findings of fact,…