R v Salcedo; R v Stretton (No 3)

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SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY

Case Title:

R v Salcedo; R v Stretton (No 3)

Citation:

[2018] ACTSC 305

Hearing Dates:

28 August 2018

DecisionDate:

2 November 2018

Before:

Loukas-Karlsson J

Decision:

See [141] – [142].

Catchwords:

CRIMINAL LAW – JURISDICTION, PRACTICE AND PROCEDURE – Judgment and Punishment – Sentence – aggravated burglary – threat to inflict grievous bodily harm – recklessly inflict actual bodily harm – intentionally inflicting grievous bodily harm – home invasion in company – presence of firearms - co-accused – parity – youth of offenders – offenders on conditional liberty at time of offences – youth of victim an aggravating factor

CRIMINAL LAW – JURISDICTION, PRACTICE AND PROCEDURE – Judgment and Punishment – Sentence – unauthorised possession of a prohibited firearm  - plea of guilty

CRIMINAL LAW – JURISDICTION, PRACTICE AND PROCEDURE – Judgment and Punishment – Sentence – aggravated burglary – take motor vehicle – unlawful possession of stolen property – theft – driving motor vehicle without consent - damaging property – possession of Cannabis – possession of methylamphetamine – unauthorised possession of stolen property – unauthorised possession of ammunition – possession of an unregistered prohibited firearm – transferred offences – plea of guilty - parity - consideration of s 66 of the Crimes (Sentencing) Act (ACT)

Legislation Cited:

Crimes Act 1900 (ACT) ss 19, 23, 31

Crimes Act 1900 (NSW) ss 33, 112
Crimes (Sentencing) Act 2005 (ACT) ss 6, 7, 10, 33, 34, 35, 66
Crimes (Sentencing Procedure) Act1999 (NSW) s 22
Criminal Code 2002 (ACT) ss 45A, 308, 312, 318, 324, 403,
Drugs of Dependence Act 1989 (ACT) ss 169, 171,
Firearms Act 1996 (ACT) ss 42(a)(iii), 177, 249

Supreme Court Act 1933 (ACT)

Cases Cited:

Alvares v R; Farache v R [2011] NSWCCA 33; 209 A Crim R 297

Butters v R [2010] NSWCCA 1
Cheung v The Queen [2001] HCA 67; 209 CLR 1
Choi v R [2007] NSWCCA 150
Director of Public Prosecutions v Dalgliesh (a pseudonym) [2017] HCA 41; 91 ALJR 1063
DPP v Brooks [2008] VSCA 253
Elson v Ayton [2010] ACTSC 70
Fusimalohi v The Queen [2012] ACTCA 49
Gore v R; Hunter v R [2010] NSWCCA 330; 208 A Crim R 353
Green v The Queen; Quinn v The Queen [2011] HCA 49; 244 CLR 462
Hawkins v The Queen (1993) 67 A Crim R 64
Hili v the Queen [2010] HCA 45; 242 CLR 520
Hogarth v The Queen [2012] VSCA 302; 37 VR 658
Imbornone v R [2017] NSWCCA 144
Markarian v The Queen [2005] HCA 25; 228 CLR 357
Mill v The Queen (1988) 166 CLR 59
Monfries v The Queen [2014] ACTCA 46; 245 A Crim R 80
Mun v R [2015] NSWCCA 234
Munro v R [2006] NSWCCA 350
Ndlovu v The Queen [2018] ACTCA 33
Pavicevic v The Queen [2010] ACTCA 25
Pearce v The Queen (1998) 194 CLR 610
Postiglione v The Queen (1997) 189…

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Details
Case
[2018] ACTSC 305
Decision Date

CaseChat Overview and Summary

The appellants, Salcedo and Stretton, faced the Court of Appeal following their convictions and sentencing for various criminal offences. The primary charges involved aggravated burglary, threat to inflict grievous bodily harm, and other related offences. The court had to determine the appropriate sentences for these serious criminal activities, taking into account the circumstances and the nature of the offences.

The legal issues before the court included the appropriate weight to be given to the parity principle when sentencing co-offenders, the youth of the offenders, and the specific aggravating and mitigating factors of the case. The court needed to balance the need for deterrence and punishment with considerations of the offenders' age and background. Additionally, the court had to address the sentencing for the unauthorised possession of a prohibited firearm and other associated offences, including theft, driving without consent, property damage, and drug possession.

In its reasoning, the court highlighted the seriousness of the offences, particularly the home invasion and the presence of firearms. The court acknowledged the youth of the offenders and the fact that they were on conditional liberty at the time of the offences. However, it also noted the aggravating factor of the victim's youth. The court considered the need for parity in sentencing the co-offenders and applied the relevant statutory provisions, including section 66 of the Crimes (Sentencing) Act. The court concluded that the sentences imposed were appropriate, reflecting the gravity of the offences and the need for both punishment and deterrence.

The final orders of the court, detailed in paragraphs [141] to [142], upheld the original sentences imposed on the appellants, with specific considerations given to the principles of parity and the sentencing guidelines provided by the relevant legislation.

Orders

Orders of the court

See [141] – [142].

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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