R v Robertson

[2010] ACTCA 19

R v ASHLEY JAMES ROBERTSON [2010] ACTCA 19 (26 August 2010)

APPEAL – Crown appeal against sentence – principles governing prosecution appeals against sentence.

CRIMINAL LAW – Crown appeal against sentence for aggravated robbery – whether sentence was manifestly inadequate – sentence was within range when compared to similar cases – appeal dismissed.

Crimes (Sentencing) Act 2005 (ACT), s 35

Dinsdale v The Queen (2000) 202 CLR 321
Griffiths v The Queen (1977) 137 CLR 293
R v Riddle [2010] ACTCA 8
R v Osenkowski (1982) 30 SASR 212
R v Henry (1999) 46 NSWLR 346
Wong v The Queen (2001) 207 CLR 584

ON APPEAL FROM A SINGLE JUDGE OF THE SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY

No. ACTCA 11-2010
No. SCC 473 of 2009

Judges:        Gray P, Penfold and Marshall JJ
Court of Appeal of the Australian Capital Territory
Date:           26 August 2010

IN THE SUPREME COURT OF THE     )          No. ACTCA 11-2010
  )          No. SCC 473 of 2009
AUSTRALIAN CAPITAL TERRITORY )
  )

COURT OF APPEAL  )

ON APPEAL FROM A SINGLE JUDGE OF THE SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY

BETWEEN:THE QUEEN

Appellant

AND:ASHLEY JAMES ROBERTSON

Respondent

ORDER

Judges:  Gray P, Penfold and Marshall JJ
Date:  26 August 2010 
Place:  Canberra

THE COURT ORDERS THAT:

1. The appeal be dismissed.

IN THE SUPREME COURT OF THE     )          No. ACTCA 11-2010
  )          No. SCC 473 of 2009
AUSTRALIAN CAPITAL TERRITORY )
  )

COURT OF APPEAL  )

ON APPEAL FROM A SINGLE JUDGE OF THE SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY

BETWEEN:THE QUEEN

Appellant

AND:ASHLEY JAMES ROBERTSON

Respondent

Judges:  Gray P, Penfold and Marshall JJ
Date:  26 August 2010 
Place:  Canberra

REASONS FOR JUDGMENT

THE COURT:

1. The Director of Public Prosecutions (DPP) has appealed against the sentence imposed on Ashley James Robertson (the respondent) for aggravated robbery.  On 16 April 2010, the respondent was sentenced to two years and six months imprisonment to date from 20 November 2009.  The sentence was to be suspended after the respondent had served six months imprisonment.  A suspended sentence order was made that the respondent be of good behaviour for a period of two years.

1. The DPP’s submissions to this Court summarise the facts surrounding the offence and we adopt that summary.  The respondent was a regular customer at the Shell Service Station in Braddon, ACT.  On 12 November 2009, the respondent entered the store and attempted to purchase items but his credit card was declined.  He returned about half an hour later when the store attendant had commenced to close the shop.  The respondent was admitted to the store by the store attendant.  He again attempted to purchase items from the store but his card was again declined.  The respondent handed the attendant a bag and demanded money.  He pulled out a gun (which, in fact, was a replica pistol) which he rested on the counter facing the attendant.  The attendant placed some $600 in the bag.  The respondent then demanded that the…