SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY
Case Title: | The Queen v Roux (No 2) |
Citation: | [2015] ACTSC 361 |
Hearing Dates: | 24 and 29 September, 4 November 2015 |
DecisionDate: | 9 November 2015 |
Before: | Refshauge J |
Decision: | 1. Sabian Roux be convicted of burglary at the Knightsbridge Bar on 28 July 2014. 2. Sabian Roux be sentenced to twelve months imprisonment to commence on 15 August 2014 to take into account pre-sentence custody. 3. Sabian Roux be convicted of the first burglary at the Vista Apartments on 30 or 31 July 2014. 4. Sabian Roux be sentenced to eighteen months imprisonment to commence on 15 August 2014 to take into account your pre-sentence custody and to be cumulative as to six months on the sentence for the burglary at the Knightsbridge Bar. 5. Sabian Roux be convicted of theft from the Vista Apartments on 30 or 31 July 2014. 6. Sabian Roux be sentenced to twelve months imprisonment to commence on 15 August 2014 to be wholly concurrent on the sentence for the first burglary at the Vista Apartments. 7. Sabian Roux be convicted of intentionally damaging a cage at the Vista Apartments between 30 July and 2 August 2014. 8. Sabian Roux be sentenced to six months imprisonment to commence on 15 September 2015 to be cumulative as to one month on the sentence for the first burglary at the Vista Apartments. 9. Sabian Roux be convicted of a second burglary at the Vista Apartments between 4 and 10 August 2014. 10. Sabian Roux be sentenced to twenty months imprisonment to commence on 15 January 2015 to be cumulative as to six months on the sentence for intentionally damaging property at the Vista Apartments. 11. Sabian Roux be convicted of theft during that burglary at the Vista Apartments between 4 and 10 August 2014. 12. Sabian Roux be sentenced to twelve months imprisonment to commence on 15 January 2015 to be wholly concurrent on the sentence for the second burglary of the Vista Apartments at that time. 13. Sabian Roux be convicted of the third burglary at the Vista Apartments on 5 or 6 August 2014. 14. Sabian Roux be sentenced to twenty months imprisonment to commence on 15 January 2015 to be wholly concurrent on the sentence for the second burglar at the Vista Apartments. 15. Sabian Roux be convicted of dishonestly driving someone else's motor vehicle without their consent on 6 August 2014. 16. Sabian Roux be sentenced to eighteen months imprisonment to commence on 15 June 2015 to be cumulative as to three months on the sentence for the third burglary at the Vista Apartments. 17. Sabian Roux be convicted of intentionally damaging a motor vehicle between 6 and 7 August 2014. 18. Sabian Roux be sentenced to twelve months imprisonment to commence on 15 March 2016 to be cumulative as to three months on the sentence for dishonestly driving someone else's vehicle on 6 August 2014. 19. Sabian Roux be convicted of dishonestly driving someone… |
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- AGLC
- R v Roux (No 2) [2015] ACTSC 361
- Case
- [2015] ACTSC 361
- Decision Date
CaseChat Overview and Summary
The legal issues before the court involved the interpretation of the evidence presented, the identification of the accused in the various crimes, and the calculation of the sentences to be imposed. The court had to consider the cumulative effect of the offences and decide whether any of the sentences should run concurrently or consecutively. The court also needed to determine the appropriate penalties for each offence based on the seriousness of the crimes and the need for deterrence and rehabilitation.
The court found Sabian Roux guilty on all counts and sentenced him to various terms of imprisonment and fines. The sentences were to run concurrently and consecutively as specified, with a non-parole period set at 18 months. The court detailed its reasoning by considering the nature and circumstances of each offence, the overall impact on the victims, and the need to protect the community.
The final orders included convictions for multiple burglaries, thefts, property damage, unauthorised driving, and unlawful possession of stolen goods. The sentences varied from fines to imprisonment terms, with specific commencement dates and non-parole periods.
Orders
Orders of the court
1. Sabian Roux be convicted of burglary at the Knightsbridge Bar on 28 July 2014.
2. Sabian Roux be sentenced to twelve months imprisonment to commence on 15 August 2014 to take into account pre-sentence custody.
3. Sabian Roux be convicted of the first burglary at the Vista Apartments on 30 or 31 July 2014.
4. Sabian Roux be sentenced to eighteen months imprisonment to commence on 15 August 2014 to take into account your pre-sentence custody and to be cumulative as to six months on the sentence for the burglary at the Knightsbridge Bar.
5. Sabian Roux be convicted of theft from the Vista Apartments on 30 or 31 July 2014.
6. Sabian Roux be sentenced to twelve months imprisonment to commence on 15 August 2014 to be wholly concurrent on the sentence for the first burglary at the Vista Apartments.
7. Sabian Roux be convicted of intentionally damaging a cage at the Vista Apartments between 30 July and 2 August 2014.
8. Sabian Roux be sentenced to six months imprisonment to commence on 15 September 2015 to be cumulative as to one month on the sentence for the first burglary at the Vista Apartments.
9. Sabian Roux be convicted of a second burglary at the Vista Apartments between 4 and 10 August 2014.
10. Sabian Roux be sentenced to twenty months imprisonment to commence on 15 January 2015 to be cumulative as to six months on the sentence for intentionally damaging property at the Vista Apartments.
11. Sabian Roux be convicted of theft during that burglary at the Vista Apartments between 4 and 10 August 2014.
12. Sabian Roux be sentenced to twelve months imprisonment to commence on 15 January 2015 to be wholly concurrent on the sentence for the second burglary of the Vista Apartments at that time.
13. Sabian Roux be convicted of the third burglary at the Vista Apartments on 5 or 6 August 2014.
14. Sabian Roux be sentenced to twenty months imprisonment to commence on 15 January 2015 to be wholly concurrent on the sentence for the second burglar at the Vista Apartments.
15. Sabian Roux be convicted of dishonestly driving someone else's motor vehicle without their consent on 6 August 2014.
16. Sabian Roux be sentenced to eighteen months imprisonment to commence on 15 June 2015 to be cumulative as to three months on the sentence for the third burglary at the Vista Apartments.
17. Sabian Roux be convicted of intentionally damaging a motor vehicle between 6 and 7 August 2014.
18. Sabian Roux be sentenced to twelve months imprisonment to commence on 15 March 2016 to be cumulative as to three months on the sentence for dishonestly driving someone else's vehicle on 6 August 2014.
19. Sabian Roux be convicted of dishonestly driving someone else's motor vehicle without consent on 15 August 2014.
20. Sabian Roux be sentenced to eighteen months imprisonment to commence on 15 December 2015 to be cumulative as to three months on the sentence for intentionally damaging a motor vehicle.
21. Sabian Roux be convicted of the theft of keys and other items from a motor vehicle between 6 and 7 August 2014.
22. Sabian Roux be sentenced to twelve months imprisonment to commence on 15 September 2016 to be cumulative as to three months on the sentence for dishonestly driving someone else's motor vehicle on 15 August 2014.
23. Sabian Roux be convicted of using a motor vehicle with number plates attached not properly issued to the vehicle.
24. Sabian Roux be fined $500 with no time to pay.
25. Sabian Roux be convicted of unlawful possession on 15 August 2014 of ACT registration plates reasonably suspected of being stolen.
26. Sabian Roux be sentenced to three months imprisonment to commence on 15 July 2017 to be cumulative as to one month on the sentence for theft of keys and other items from the motor vehicle between 6 and 7 August 2014.
27. Sabian Roux be convicted of unlawful possession of a black keyless entry remote reasonably suspected of being stolen.
28. Sabian Roux be sentenced to three months imprisonment to commence on 15 July 2017 to be wholly concurrent on the sentence for unlawful possession of registration plates.
29. Sabian Roux be convicted of unlawful possession of a white SNP security card reasonably suspected of being stolen.
30. Sabian Roux be sentenced to three months imprisonment to commence on 15 August 2017 to be cumulative as to one month on the sentence for unlawful possession of the black keyless remote.
31. Sabian Roux be convicted of unlawful possession on 15 August 2014 of a white coloured metal shovel reasonably suspected of being stolen.
32. Sabian Roux is sentenced to three months imprisonment to commence on 15 August 2017 to be wholly concurrent on the sentence for unlawful possession of a white SNP security card.
33. Sabian Roux be convicted of being an unlicensed driver on 15 August 2014.
34. Sabian Roux is fined $250 with no time to pay.
35. A non-parole period of 18 months be set, to commence on 15 August 2014 and to end on 14 February 2016.
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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