R v Trott
[2015] ACTSC 152
•5 June 2015
SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY
Case Title: | R v Trott |
Citation: | [2015] ACTSC 152 |
Hearing Date: | 4 June 2015 |
DecisionDate: | 5 June 2015 |
Before: | Burns J |
Decision: | See [23]-[25] |
Category: | Sentence |
Catchwords: | CRIMINAL LAW – Sentence – particular offences – property offences – aggravated burglary – offences against the person – recklessly inflicting actual bodily harm. |
Parties: | The Queen (Crown) Alan Trott (Offender) |
Representation: | Counsel Mr D Sahu Khan (Crown) Mr J De Bruin (Offender) |
| Solicitors ACT Director of Public Prosecutions (Crown) Legal Aid ACT (Offender) | |
File Numbers: | SCC 102 of 2015; SCC 103 of 2015 |
BURNS J:
Background
Alan Trott, on 6 May this year, you pleaded guilty in the Magistrates Court to one charge of aggravated burglary and one charge of recklessly inflecting actual bodily harm. In sentencing you for the offence of aggravated burglary, you also ask that I take into account an additional offence of failing to appear in the Magistrates Court on 27 May 2014. You were committed for sentence to this Court on 6 May this year. I heard submissions on your behalf yesterday. A Pre Sentence Report was not prepared, but I nevertheless was prepared to proceed with the sentence hearing at the request of your counsel, who advised me that he had sufficient instructions concerning those matters usually dealt with in a Pre Sentence Report so as to enable him to put your subjective features before the Court.
[Redacted for legal reasons]
I note that you did not give evidence in the sentence proceedings before me, but no objection was taken to your counsel providing the Court with information about your background and the circumstances leading up to these offences. The Crown does not submit that it disputed any of the information put by your counsel, and I, therefore, accept and rely upon the information provided to me by your counsel at the sentence hearing.
The maximum penalty for the offence of aggravated burglary is 20 years’ imprisonment, a fine of $300,000.00, or both. The maximum penalty for the offence of recklessly inflecting actual bodily harm is five years' imprisonment, and the maximum penalty for the offence of failing to appear is two years' imprisonment.
The events which give rise to the charges of aggravated burglary and recklessly inflicting actual bodily harm occurred at about 3.45 am on 10 March 2014. At that time, you were a resident of Ainslie Village. On 9 March 2014, you had an argument at Ainslie Village with the victim, Jared Mann, in which he racially abused and assaulted you. Mr Mann was, at that time, banned from being on the premises of Ainslie Village and, as such, had no right to be there. As I understand it, after that assault, you consumed illicit drugs in your room at Ainslie Village. At about 3.45 am on 10 March 2014, Mr Mann was sleeping in Unit 8 Block K at Ainslie Village. That was the room usually occupied by Jared Boyle, who was also asleep in the room at that time. The victim and Mr Boyle heard a loud banging on the door of the unit and someone yelled out, “Let us in” before striking the door several times. The victim and Mr Boyle attempted to barricade the door with a chest of drawers. As they held the door closed, the windows on the opposite side of the unit were smashed from outside. You and two other males then entered the unit via the window. You were each holding something in your hands. I am satisfied that you were carrying a large black item, which was a machete. You and your co-offenders ran straight to the victim and immediately began to assault him using the weapons that you brought with you. The victim was struck, punched, and kicked multiple times to his legs, back, and head. He cried out in pain and called for you to stop. During this incident, Mr Boyle made a 000 call and part of the incident was recorded. Threats to kill the victim were made during this attack.
Police attended the scene and observed that the victim had two ten centimetre lacerations to the top of his head, which appeared to be about one centimetre deep and were bleeding heavily. The victim also had lacerations to his left shoulder and back, and his mouth and lips were bleeding. He had a series of red welt-like marks over his chest, back, and neck. He identified you as having beaten him with a machete.
He was transported to Canberra Hospital by ambulance and provided with treatment. He was released from hospital at about 2.50 pm on 15 March 2014. He had suffered two broken ribs on his right side, soft tissue damage to his right arm and shoulder, and cuts to his head requiring about ten stitches. The victim provided a Victim Impact Statement which speaks of the fear that he continues to feel as a result of this incident. As a result of the attack on him, he suffered cuts to his head and body, and several of his front teeth were broken when he was hit with a baseball bat. He has a number of scars from this attack. It is hardly surprising that a violent invasion of the room where the victim was sleeping by three armed men, followed by a savage beating using weapons, would cause significant and lasting fear in the victim.
Shortly after the ambulance took the victim to hospital, you were observed in a white Holden Commodore leaving Ainslie Village. Your two co-accused were also in that vehicle. Police observed a number of possible weapons in the vehicle, including a wooden table leg, a black tire iron, a chisel, screwdrivers, a baseball bat, and a folding knife. A subsequent search of the vehicle located a wooden handle machete with a rusty handle, with apparent blood stains on the handle under the front passenger seat.
After you were arrested and cautioned, you complained to police that the victim had bashed you with a hammer the previous day. You declined a subsequent opportunity to participate in a tape record of interview. You were granted bail in the Magistrates Court but failed to appear in accordance with your bail undertaking on 22 May last year.
You were extradited from Western Australia after having served a sentence there and appeared before the Magistrates Court on 6 May 2015. Thereafter, you have remained in custody.
Consideration
Whilst you have no previous criminal history in the ACT, you have a significant history in Western Australia. You have previously been convicted of offences of violence and offences involving the use of weapons. There is little by way of leniency that you can be shown in these proceedings based upon your prior criminal history.
I note that you are a 26 year old indigenous man who is one of six children. Your background is not one of neglect or abuse and your five siblings have not been in any trouble with the law. You were introduced to the use of cannabis by a cousin when you were 11 years old. You say that you commenced using ice or methyl amphetamine when you were 19 years old, although your father believes that you may have been using it from as young as 16 years of age. In that regard, your father reported that you suffered from a drug-induced psychosis when you were 16.
You also accept that you have problems with anger management. You have had two relationships from which six children were born. It is not clear to what extent you have any continuing contact or care of those children.
I note that you hope to return to Western Australia when you are released from custody.
I further note that you were educated to year 11 standard, and, thereafter, engaged in intermittent unskilled employment until 2011. Your ability to obtain and undertake employment thereafter has been affected by substance abuse. In 2010, you attended the Bridge Program in Perth, a residential program addressing substance abuse issues, but you did not complete it. I note that you have applied to undertake the SMART Recovery Program in the Alexander Maconochie Centre, and that you have expressed willingness to undertake other programs in that institution to assist in your rehabilitation.
You were assaulted and stabbed in 2008, causing a significant injury to your hand. In 2014, you moved to the Australian Capital Territory to escape negative influences in Western Australia. I accept that you were under the influence of illicit drugs at the time that you committed this offence. That, however, does not significantly mitigate your offending. I also accept that you had been assaulted and racially vilified by the victim on the day preceding this offence. Whilst that provides some background to the offence, it does not operate to mitigate your offending. You are not entitled to exact retribution on the victim by committing a serious offence yourself. The appropriate course for you to take was to make a complaint to the police that you had been assaulted, and leave it to the appropriate authorities to deal with the matter.
[Redacted for legal reasons]
I take into account your pleas of guilty as indicative of remorse, and also possessing utilitarian value. Your pleas were not entered at the earliest opportunity but they were, nevertheless, entered at an early opportunity in the Magistrates Court. I will reduce the otherwise appropriate sentences by 20 per cent in recognition of your plea of guilty.
I am satisfied that you have reasonable prospects for rehabilitation, particularly if you continue to address your drug addiction and anger management issues whilst you are in custody. I note that you have taken steps to commence this process in the Alexander Maconochie Centre and that you are willing to continue in that process whilst you remain in custody and after you are released.
Your counsel had advised me that you accept that it is inevitable that you will be sentenced to a term of full-time imprisonment for these offences. In my opinion, this concession is well made and nothing less than a period of full-time imprisonment is appropriate.
The appropriate starting point, in my opinion, for the offence of aggravated burglary is a sentence of three years and ten months' imprisonment. I will reduce that to two years and one month in recognition of your plea of guilty and [redacted for legal reasons].
With respect to the offence of recklessly inflicting actual bodily harm, the appropriate starting point is two years’ imprisonment, which I will reduce to 14 months in recognition of your plea of guilty and [redacted for legal reasons]. A degree of aggravation of those sentences is called for.
Sentence
With respect to the charge of aggravated burglary and taking into account the additional offence of failing to appear in the Magistrates Court, I record a conviction and you are sentenced to two years and one month’s imprisonment commencing on 12 May 2015, taking into account time served in custody prior to sentencing, and expiring on 11 May 2017.
For the offence of assault occasioning actual bodily harm, I record a conviction and you are sentenced to 14 months' imprisonment commencing on 12 September 2016 and expiring on 11 November 2017.
The aggregate sentence which I have imposed is, therefore, one of two years and seven months' imprisonment. I set a non-parole period of 16 months commencing on 12 April 2015 and expiring on 11 August 2016.
| I certify that the preceding twenty-five [25] numbered paragraphs are a true copy of the Reasons for Sentence of his Honour Justice Burns. Associate: Date: 23 June 2015 |
0
0
0