R v Stacker

[2019] ACTSC 219

SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY

Case Title:

R v Stacker

Citation:

[2019] ACTSC 219

Hearing Date:

15 August 2019

DecisionDate:

15 August 2019

Before:

Elkaim J

Decision:

See [28]

Catchwords:

CRIMINAL LAW – JURISDICTION, PRACTICE AND PROCEDURE – Judgment and Punishment – Sentence – aggravated robbery by joint commission – weapon offences –firearm – burglary – damage property – pleas of guilty

Legislation Cited:

Firearms Act 1996 (ACT) s 42(a)(iii)

Criminal Code 2002 (ACT) ss 45A, 310, 311, 403(1)

Crimes (Sentencing) Act 2005 (ACT) ss 6,7, 10, 33

Cases Cited:

Hall v The Queen; Barker v The Queen [2017] ACTCA 16

R v Campbell (Unreported, Supreme Court of Australian Capital Territory, Justice Refshauge, 24 April 2009)
R v Henry & Ors [1999] NSWCCA 111

R v Stacker [2017] ACTSC 240

Parties:

The Queen (Crown)

Dylan Stacker (Offender)

Representation:

Counsel

M Fernandez (Crown)

A Doig (Offender)

Solicitors

ACT Director of Public Prosecutions (Crown)

Legal Aid ACT (Offender)

File Numbers:

SCC 152 of 2018; SCC 262 of 2018; SCC 110 of 2019

ELKAIM J:

1. On 14 May 2019, the offender was committed for sentence from the Magistrates Court pursuant to s 90A of the Magistrates Court Act 1930 (ACT), for the following two offences:

(a) Unauthorised possession of a prohibited firearm (CC2019/712), contrary to s 42(a)(iii) of the Firearms Act 1996 (ACT). This offence carries a maximum penalty of 10 years’ imprisonment.

(b) Aggravated robbery (CC2019/1103), contrary to s 310(b) of the Criminal Code 2002 (ACT) (Criminal Code). This offence carries a maximum penalty of 25 years’ imprisonment, a fine of $375,000, or both.

1. These offences relate to an incident on 7 January 2019.

1. On 29 May 2019, the offender was arraigned on two separate indictments dated 5 July 2018 and 9 November 2018. He entered pleas of guilty to the following three offences:

(a) Damaging property (CC 2018/2149), contrary to s 403(1) of the Criminal Code 2002. This offence carries a maximum penalty of 10 years’ imprisonment, a fine of $150,000, or both.

(b) Burglary (CC 2018/2148), contrary to s 311 of the Criminal Code. This offence carries a maximum penalty of 14 years’ imprisonment, a fine of $210,000, or both.

(c) Aggravated robbery by joint commission (CC 2018/6762) contrary to s 310 of the Criminal Code by virtue of s 45A. This offence carries a maximum penalty of 25 years’ imprisonment, a fine of $375,000, or both.

1. On 28 January 2018 the offender and another man held up an IGA supermarket in Isabella Plains. The offender was armed with a kitchen knife. They obtained cash in the sum of $3046. This is the aggravated robbery (CC2018/6762).

1. There is a victim impact statement from one of the IGA workers. He was a school student working in his first job. His statement, to some degree, minimises the effects upon him. There is however another statement from his mother. It provides a more comprehensive picture of the effects on her son.

1. On 31 January 2018 the offender…