R v Si
[2017] ACTSC 211
•7 August 2017
SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY
Case Title: | R v SI |
Citation: | [2017] ACTSC 211 |
Hearing Date: | 7 August 2017 |
DecisionDate: | 7 August 2017 |
Before: | Elkaim J |
Decision: Catchwords: | See paragraph [14] CRIMINAL LAW – JURISDICTION, PRACTICE AND PROCEDURE – Judgment and Punishment – Sentence – young person – attempted aggravated robbery – plea of guilty – criminal record. |
Parties: | The Queen (Crown) SI (Offender) |
Representation: | Counsel Mr M Thomas (Crown) Mr H Jorgensen (Offender) |
| Solicitors Office of the ACT Director of Public Prosecutions (Crown) ACT Legal Aid (Offender) | |
File Numbers: | SCC 131 of 2017 |
ELKAIM J:
SI is a young person. He was born in 1999. He will soon be 18 years of age.
On 29 May 2017, SI pleaded guilty to an offence of attempted aggravated robbery. The offence carries a maximum penalty of a fine of $375,000 and/or a term of imprisonment of 25 years.
The offence was committed on 14 May 2017 with another young person, UD, who has also appeared before me for sentencing. I have just sentenced UD for other offences in which SI is not involved.
I repeat here the brief summary that I gave of the offence in my sentencing of UD:
UD and SI grabbed a pedestrian and pushed him against a wall. They demanded that he hand over his possessions. UD held a toy pistol to his head. The pedestrian did not succumb to their demands and the two young people fled on foot.
Although the toy gun was held by UD, I regard the two participants as being equally culpable.
I noted in sentencing UD that he had a particularly challenging background. The same is true of SI. In addition, SI has real problems with drug and alcohol use. He also has asthma which he manages with inhalers. He has attempted suicide on three occasions.
Tragedy came to SI’s life when he was only three years of age, when his father died. His mother abused drugs and obviously could not provide an appropriate environment in which to bring up a young child. I note, however, that SI did speak appreciatively of his mother, as recorded in the pre-sentence report. He has also had the benefit of support from other relatives.
SI has cognitive disabilities. He has struggled at school and left in year 10. He has found difficulty in obtaining employment.
Parity in sentencing is important. I think that I must take the same approach to SI as I did with UD. Rehabilitation must be the primary concern of the court. In addition, I note that SI has been in custody for 86 days and that he pleaded guilty to the offence.
As in the sentencing hearing of UD, the fairness of the Crown was notable. The Crown suggested that I give little weight to SI’s previous criminal record.
SI has tasted confinement and he needs a chance to move on with his life. I hope that his taste of prison has left him with an impression that he should stay as far away from criminal activity as possible.
I appreciate that it will be difficult for him, as it will be for UD, but young people like both these young men must eventually take responsibility and endeavour to lead productive lives. Although they have come into contact with youth workers for the wrong reasons, they now have the benefit of those workers who, judging from the plans they have prepared and interest they have shown, both generally and in these proceedings, will be able to steer them in the right direction.
I was informed that SI has a bed at the Ted Noffs PALM program. It is essential that he take advantage of this opportunity.
I make the following orders:
(a)In respect of the offence of attempted aggravated robbery (CH 17/438), the conviction is confirmed.
(b)In respect of the offence of attempted aggravated robbery (CH 17/438), SI is to enter into a Good Behaviour Order for a period of two years on condition that he accept the supervision of the Director-General of Child Youth Protection Services, including directions as to accommodation, participation in a case plan, education and employment.
(c)It is a further condition of the Good Behaviour Order that SI participates in the Ted Noffs PALM program.
| I certify that the preceding fourteen [14] numbered paragraphs are a true copy of the Reasons for Sentence of his Honour Justice Elkaim. Associate: Date: 9 August 2017 |
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