R v Sullivan

[2019] ACTSC 38

SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY

Case Title:

R v Sullivan

Citation:

[2019] ACTSC 38

Hearing Date:

30 January 2019

DecisionDate:

30 January 2019

Before:

Mossop J

Decision:

See [15]

Catchwords:

.

CRIMINAL LAW – JURISDICTION, PRACTICE AND PROCEDURE – Judgment and punishment – sentencing – aggravated robbery – extensive criminal history – good prospects for rehabilitation – sentence served by way of intensive correction order – general deterrence – substance abuse

Legislation Cited:

Crimes (Sentence Administration) Act 2005 (ACT), s 42

Crimes (Sentencing) Act 2005 (ACT), s 11(3)

Criminal Code 2002 (ACT), s 310(b)

Parties:

The Queen (Crown)

Rhys Sullivan (Offender)

Representation:

Counsel

P Dixon (Crown)

J Stewart (Offender)

Solicitors

ACT Director of Public Prosecutions (Crown)

Boxall Legal (Offender)

File Number:

SCC 147 of 2018

MOSSOP J:

Introduction

1. Rhys Sullivan pleaded guilty to a single charge of aggravated robbery (CC2018/3645) contrary to section 310(b) of the Criminal Code2002 (ACT). He stole $500 from the Red Rooster store in Wanniassa and during the course of the robbery had a knife with him. The maximum penalty is 2500 penalty units or imprisonment for 25 years or both. The offence occurred on 31 January 2018.

Facts

1. The facts relating to the offending conduct were agreed.  In summary they were as follows.  At about 9:45pm on 31 January 2018, the offender entered the Red Rooster takeaway restaurant in Wanniassa.  He approached a staff member who was mopping the floor just to the left of the front entrance and produced a large hunting knife.  He was wearing a hooded jumper and black mask which covered his mouth and nose.  He was wearing clear latex gloves.  The knife that he held was a large hunting knife which was 20 to 30cm long.  The staff member moved towards the front counter and called out for her manager who was working in the kitchen area.  The offender approached the front counter and told the manager who was behind it to “put the money in the bag”.  The manager asked whether the offender was armed and he waved the hunting knife around in an aggressive manner saying “it’s a real knife.  This is it.  It will hurt you” and “don’t push me”.  The manager said there was no money in the front cash register but that he should follow him to get the money.  The manager walked to the safe with the offender.  The offender told him to put the money in the bag.  The manager put about $500 in various denominations into a plastic shopping bag that the offender had whilst the offender was telling him to hurry up.  The offender left the premises and ran towards Athllon Drive Wanniassa.  The police were called.  Police found a latex glove of a type not used by Red Rooster staff.  This was later forensically tested and a forensic biologist concluded that the DNA found in the glove was 100 billion times more likely to be that of the offender than another person selected at random from…