R v Twerd

[2018] ACTSC 153

SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY

Case Title:

R v Twerd

Citation:

[2018] ACTSC 153

Hearing Date:

22 May 2018

DecisionDate:

22 May 2018

Before:

Mossop J

Decision:

See [30]

Catchwords:

CRIMINAL LAW – JURISDICTION, PRACTICE AND PROCEDURE – Judgment and punishment – sentencing – aggravated robbery with axe – theft – attempted aggravated robbery with knife – attempted aggravated robbery in company – dishonestly driving a motor vehicle without consent – serious criminal history – guilty plea – totality of sentences – consideration of s 66 of the Crimes (Sentencing) Act (ACT) – general deterrence – specific deterrence – punishment – denunciation – custodial sentence

Legislation Cited:

Criminal Code 2002 (ACT), ss 308, 310, 318(2)

Crimes (Sentencing) Act 2005 (ACT), s 66

Cases Cited:

R v Twerd (unreported, Supreme Court of the Australian Capital Territory, Higgins CJ, 20 June 2013)

Parties:

The Crown (Crown)

Taras Twerd (Offender)

Representation:

Counsel

J De Bruin (Crown)

A Doig (Offender)

Solicitors

ACT Director of Public Prosecutions (Crown)

Legal Aid ACT (Offender)

File Number:

SCC 180 of 2017

MOSSOP J:

Introduction

1. Taras Twerd has pleaded guilty to four charges:

(1) aggravated robbery (CC2017/3865);

(2) an associated theft (CC2017/3866);

(3) attempted aggravated robbery (CC2017/3870); and

(4) dishonestly driving a motor vehicle without consent (CC2017/3871).

1. The maximum penalty for aggravated robbery contrary to s 310 of the Criminal Code 2002 (ACT) is 25 years imprisonment, a fine of $375,000 or both. The maximum penalty for theft contrary to s 308 of the Criminal Code is 10 years imprisonment, a fine of $150,000 or both. The maximum penalty for the offence of dishonestly driving a motor vehicle without consent contrary to s 318(2) of the Criminal Code is five years imprisonment, a fine of $75,000 or both.

Facts

1. On 21 February 2017, a burglary occurred at an address in Hackett.  During the burglary a number of items were stolen including a spare key to a Toyota RAV 4 vehicle.  That vehicle was stolen the next night.  The motor vehicle was driven by the offender on a number of occasions when further offences were committed.  It is that driving which constitutes the offence of dishonestly driving a motor vehicle without consent.

1. On 30 March 2017, the offender entered a liquor store in Holt.  He was wearing a black hooded top, dark glasses and a black and white mask with a skull pattern which covered his mouth and lower face.  He was carrying a small axe.  He approached the counter, brandishing the axe and demanded that the employee working there open the cash register.  He shouted at him.  The employee opened the cash register and the offender lifted the till from the cash register and left the store.  The till contained $1260.  He left driving the RAV 4.

1. On 1 April 2017, the offender and an unknown co-offender entered the Lyneham IGA from the front entrance.  The offender was wearing a black hooded top, a black and white mask or bandanna which covered his mouth and…