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:
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:
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.
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…
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- AGLC
- R v Robertson [2010] ACTCA 19
- Case
- [2010] ACTCA 19
- Decision Date
CaseChat Overview and Summary
The central legal issue before the Court was whether the sentence imposed on Robertson was so manifestly inadequate as to warrant intervention on appeal. The Crown argued that the sentence was too lenient given the seriousness of the offence.
The Court considered the principles governing Crown appeals against sentence, noting that such appeals are only allowed in limited circumstances where the sentence is demonstrably wrong. In assessing the adequacy of the sentence, the Court compared it to sentences imposed in comparable cases. The Court found that the sentence imposed on Robertson fell within the acceptable range when considered against the backdrop of similar offending. Consequently, the Court concluded that the sentence was not manifestly inadequate.
Accordingly, the appeal was dismissed.
Orders
Orders of the court
1. The appeal be dismissed.
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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