R v Slater

[2014] ACTSC 300

SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY

Case Title:

R v Slater

Citation:

[2014] ACTSC 300

Hearing Date:

21 October 2014

DecisionDate:

21 October 2014

Before:

Penfold J

Decision:

See [17] to [21] below.

Category:

Sentence

Catchwords:

CRIMINAL LAW – JURISDICTION, PRACTICE AND PROCEDURE – Judgment and Punishment – offender sentenced for one offence of aggravated robbery – hold-up of service station with home-made spear – premeditation – no criminal history – offender recognised on AFP website by friend – offender persuaded by parents to hand himself in to police – offender made numerous admissions – early guilty plea – low risk of re-offending – importance of rehabilitation in sentencing young offenders – offender sentenced to 14 months imprisonment, fully suspended subject to good behaviour order for 18 months requiring performance of 160 hours of community service.

Legislation Cited:

Crimes (Sentence Administration) Act 2005 (ACT)

Crimes (Sentencing) Act2005 (ACT), s 20

Criminal Code 2002 (ACT), s 310

Cases Cited:

Murray Walter Hearne (2001) 124 A Crim R 451

R v Mills [1998] 4 VR 235

Parties:

The Queen (Crown)

Jye Bradley Slater (Offender)

Representation:

Counsel

Mr C Wanigaratne (Crown)

Mr R Davies (Offender)

Solicitors

ACT Director of Public Prosecutions (Crown)

Legal Aid ACT (Offender)

File Number:

SCC 141 of 2014

1. Jye Bradley Slater has pleaded guilty to one count of aggravated robbery, an offence under s 310 of the Criminal Code 2002 (ACT) which carries a maximum penalty including 25 years imprisonment.

1. The agreed Statement of Facts describes the offence as follows: 

[Mr Slater left a friend’s house at about 1.00 am on Saturday, 7 June 2014 and] drove to his parent’s house in Charnwood.  While at his parent’s house, [Mr Slater] obtained the following items:

·     One timber handled block splitter - approximately 1.5m long;

·     Two white cable ties; and

·     One orange and black handled knife - with a blade approximately 10cm long. 

Using the cable ties, [Mr Slater] attached the knife to one end of the block splitter, creating a makeshift spear. 

[Mr Slater], drove from Charnwood to Monash and parked his car on a grass island between Tindale Street and Sturdee Crescent.  This location was approximately 500m from the [7-Eleven service station at Erindale].

At about 2.30am on Saturday 7 June 2014, the console operator for the service station, Jawwad Chowdhary, was stocking drinks in the cool-room of the service station.  At this time, Mr Slater rang the buzzer to the front glass door. 

Mr Chowdhary saw [Mr Slater] waiting outside the front door.  Mr Chowdhary also saw a taxi waiting in the fuel pump area with its headlights on.  Mr Chowdhary, mistakenly thinking that [Mr Slater] was a customer who had just been dropped off by the taxi, pressed a button to unlock and open the front glass doors, allowing [Mr Slater] to enter the service station.  [He] was wearing a green beanie, a dark grey jumper, dark jeans and black boots, and a short brown beard.

As soon as [Mr Slater]…