R v Rowe
[2019] ACTSC 210
•9 August 2019
SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY
Case Title: | R v Rowe |
Citation: | [2019] ACTSC 210 |
Hearing Date: | 9 August 2019 |
DecisionDate: | 9 August 2019 |
Before: | Elkaim J |
Decision: | See [16] |
Catchwords: | CRIMINAL LAW – JURISDICTION, PRACTICE AND PROCEDURE – Judgment and Punishment – Sentence – aggravated robbery by joint commission – related charges of driving a motor vehicle without consent and driving unlicensed |
Legislation Cited: | Criminal Code 2002 (ACT) ss 45A, 310, 318(2) Road Transport (Driver Licensing) Act 1999 (ACT) s 31(2) |
Parties: | The Queen (Crown) K Rowe (Offender) |
Representation: | Counsel B Ngugi (Crown) B Dunne (Offender) |
| Solicitors ACT Director of Public Prosecutions (Crown) Legal Aid ACT (Offender) | |
File Numbers: | SCC 94 of 2019; SCC 113 of 2019 |
ELKAIM J:
On 25 March 2019, the offender entered a plea of guilty in the Magistrates Court to a single charge of aggravated robbery by way of joint commission, contrary to s 310 of the Criminal Code 2002 (ACT) (Criminal Code), by virtue of s 45A. This offence carries a maximum penalty of 25 years’ imprisonment, a fine of $375,000, or both.
The offender also entered a plea of guilty to the following two related offences:
(a) Drive motor vehicle without consent, contrary to s 318(2) of the Criminal Code, carrying a maximum penalty of 5 years’ imprisonment, a fine of $75,000, or both.
(b) Driving unlicensed, contrary to s 31(2) of the Road Transport (Driver Licensing) Act 1999 (ACT), carrying a maximum penalty of 6 months’ imprisonment, a fine of $7,500, or both.
All three matters were later committed or transferred to the Supreme Court for sentence.
The offender was born in 2000 in Queanbeyan. He is of Aboriginal heritage. He is still a teenager. He did not have an easy upbringing. He was the subject of physical violence, he was sexually assaulted as a child and he left home when he was 13 years of age. Nevertheless, and to his credit, he has maintained a good relationship with his parents and siblings.
The offender left school after Year 7. He had a number of behavioural issues at school and was suspended. He has never been employed. He started using drugs and alcohol at a very young age. He obviously needs counselling and treatment.
The offender already has a significant criminal history and he really needs to come to terms with the fact that he must either take a path of lifetime criminality or do his best to rehabilitate himself. I appreciate that will not be easy having regard to the length of time he has been using drugs and alcohol but if he is to have any chance at all of a decent future he needs to break the cycle of drugs and alcohol.
I was told by his counsel that he apologises to the victims. I hope that is genuine. And as demonstrated by the victim impact statements, I hope he appreciates the harm he has done to these people who must now live with the subconscious fear of being victims again. One of them has required counselling which fortunately is providing him with some assistance.
The offender has attempted suicide on a number of occasions. He has been diagnosed with with ADHD. He currently takes antidepressant medication.
In March of this year he was assaulted in prison. He suffered a fractured skull and facial fractures. He required surgery. He has told me that he has recovered.
The robbery with which he was charged is a serious offence. He and a co-offender robbed a McDonald’s restaurant in Fyshwick. Their exploits netted them $1946.70. The offender’s part was to drive the getaway vehicle and also to check the scene.
The offender pleaded guilty and is entitled to a discount, which I assess at approximately 25%.
Sentencing requires consideration of a number of matters. These include ss 6 and 7 of the Crimes (Sentencing) Act 2005 (ACT). Section 10 says a person should not be sent to prison except as a last resort. There is no alternative to full-time imprisonment, nor was any suggested. Section 33 is also important.
The offender has not spent any time in custody for these offences. He is however in custody due to matters from the Children’s Court. He is due for release on 16 December 2019.
As I have already said I will give him a discount for pleading guilty. I am also going to take into account his past and his early exposure to drugs and alcohol. They do not excuse his conduct but they do to a large degree explain it. I think the sentence for the aggravated robbery should be 18 months, but after the discount it is reduced to 13 months. I intend to allow some overlap with his current sentencing and to start the 13 months from today.
The two driving offences are part of the same criminal enterprise. I will deal with them concurrently. This forms part of my intent to give him as much benefit as possible arising from his history.
Orders
I make the following orders:
(a)For the charge of aggravated robbery by way of joint commission (CC 2018/14210), the offender is sentenced to 13 months imprisonment commencing on 9 August 2019 and ending on 8 September 2020.
(b)For the charge of driving a motor vehicle without consent (CC 2018/14187), the offender is sentenced to three months imprisonment commencing on 9 August 2019 and ending on 8 November 2019.
(c)For the charge of driving unlicensed (CC 2018/14190), the offender is sentenced to three months imprisonment commencing on 9 August 2019 and ending on 8 November 2019.
(d)The total term is 13 months’ imprisonment.
(e)I impose a non-parole period of 8 months commencing on 9 August 2019 and ending on 8 April 2020.
(f)It is noted that there will be an automatic disqualification from holding a drivers licence arising from the above driving offences in accordance with s 31 of the Road Transport (Driver Licensing) Act 1999 (ACT).
| I certify that the preceding sixteen [16] numbered paragraphs are a true copy of the Reasons for Sentence of his Honour Justice Elkaim. Associate: Date: 9 August 2019 |
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