R v Stacker

[2017] ACTSC 240

SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY

Case Title:

R v Stacker

Citation:

[2017] ACTSC 240

Hearing Date:

24 August 2017

DecisionDate:

24 August 2017

Before:

Elkaim J

Decision:

See paragraph [32]

Catchwords:

CRIMINAL LAW – JURISDICTION, PRACTICE AND PROCEDURE – Judgment and Punishment – Sentence – obtain property by deception – aggravated robbery – dishonestly ride in a motor vehicle belonging to someone else – relevant criminal history.

Legislation Cited:

Criminal Code 2002 (ACT) ss 45A, 310(b), 318(2) and 326

Crimes (Sentencing) Act 2005 (ACT) ss 6, 7, 10 and 33(1)(za)

Cases Cited:

Barrett v The Queen [2016] ACTCA 38

R v Campbell (No 2) [2016] ACTSC 368
R v Hutchison (Unreported, Supreme Court of the Australian Capital Territory, Chief Justice Higgins, 4 April 2013)
R v Monaghan (Unreported, Supreme Court of the Australian Capital Territory, Justice Refshauge, 11 December 2012)
R v Stacker; R v Campbell [2016] ACTSC 334
Taylor v R [2014] ACTCA 9

Parties:

The Queen (Crown)

Dylan Stacker (Offender)

Representation:

Counsel

Mr D Sahu Kahn (Crown)

Mr R Davies (Offender)

Solicitors

Office of the ACT Director of Public Prosecutions (Crown)

Legal Aid ACT (Offender)

File Numbers:

SCC 46A of 2016 and SCC 46B of 2016

ELKAIM J:

Introduction

1. On 16 November 2016, the offender pleaded guilty to the following counts on an indictment dated 5 October 2016:

(a)Obtain property by deception (CC 11704/15), contrary to s 326 of the Criminal Code 2002 (ACT);

(b)Obtain property by deception (CC 11705/15), contrary to s 326 of the Criminal Code 2002 (ACT);

(c)Obtain property by deception (CC 11440/15), contrary to s 326 of the Criminal Code 2002 (ACT);

(d)Obtain property by deception (CC 11706/15), contrary to s 326 of the Criminal Code 2002 (ACT); and

(e)Obtain property by deception (CC 11707/15), contrary to s 326 of the Criminal Code 2002 (ACT).

1. On 17 November 2016, following a judge alone trial which had occupied the previous two days, the offender was found guilty of the following offences:

(a)Aggravated robbery (CC 3093/16), contrary to s 310(b) and s 45A of the Criminal Code 2002 (ACT);

(b)Aggravated robbery (CC 3094/16), contrary to s 310(b) and s 45A of the Criminal Code 2002 (ACT); and

(c)Dishonestly ride in a motor vehicle belonging to someone else (CC 2762/16), contrary to s 318(2) of the Criminal Code 2002 (ACT).

1. The offender had been tried with a co-offender (Tyler Campbell) who was also convicted of the same offences.

1. The maximum penalty for each of the above offences is as follows;

(a)For each offence of aggravated robbery, a fine of $375,000 and/or 25 years imprisonment;  

(b)For the offence of dishonestly ride in a motor vehicle belonging to someone else, a fine of $75,000 and/or 5 years imprisonment; and

(c)For each offence of obtain property by deception, a fine of $150,000 and/or 10 years imprisonment.

1. In short summary, on 6 December 2015, the offender and Mr Campbell, armed with knives, robbed two pizza stores – one in Holt and another in Wanniassa. In the first robbery,…