R v UD

[2017] ACTSC 210

SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY

Case Title:

R v UD

Citation:

[2017] ACTSC 210

Hearing Date:

7 August 2017

DecisionDate:

7 August 2017

Before:

Elkaim J

Decision:

See paragraph [29]

Catchwords:

CRIMINAL LAW – JURISDICTION, PRACTICE AND PROCEDURE – Judgment and Punishment – Sentence – young person – aggravated robbery – attempted aggravated robbery –ride in a motor vehicle without consent – pleas of guilty.

Legislation Cited:

Criminal Code 2002 (ACT) ss 310 and 318(2)

Parties:

The Queen (Crown)

UD (Offender)

Representation:

Counsel

Mr M Thomas (Crown)

Mr T Pasi (Offender)

Solicitors

ACT Director of Public Prosecutions (Crown)

Prudential Legal Solutions (Offender)

File Number:

SCC 132 of 2017 and SCC 156 of 2017

ELKAIM J:

1. On 26 June 2017, UD, a young person, pleaded guilty to two charges in the ACT Childrens Court.

1. The two offences to which he pleaded guilty were aggravated robbery, contrary to s 310 of the Criminal Code 2002 (ACT), and dishonestly drive a motor vehicle without consent, contrary to s 318 (2) of the Code.

1. The maximum penalty for the offence of aggravated robbery is a fine of $375,000 and/or 25 years imprisonment. The maximum penalty for the offence of dishonestly ride in a motor vehicle without consent is a fine of $75,000 and/or five years imprisonment. 

1. On 29 May 2017, UD and a co-offender, SI, pleaded guilty to a charge of attempted aggravated robbery. SI has also appeared for sentence today.

1. UD was born in 2000. He was 16 years of age when the offences were committed.

1. UD was a client of an organisation called Premier Youthworks. The organisation’s purpose is to help young people. It has a residential section. UD was a resident.

1. On 16 February 2017, an argument broke out between a residential youth worker at Premier Youthworks, UD and his younger sister, FD. At about midday, the youth worker was in the office with UD and his sister.

1. FD picked up a petty cash tin which contained the keys to the Premier Youthworks vehicle and a petrol card. It also contained an EFTPOS card and about $20 in cash. UD deliberately blocked the youth worker’s view of FD, allowing FD to run from the room with the tin.

1. The youth worker confronted FD, who responded with threats of bashing and stabbing her if she called the police. UD intervened and said “I have a fucking meat cleaver”, which he revealed to the youth worker. He threatened to stab her if she called the police.

1. The youth worker returned to the office and locked herself in. She called the police. At the same time, the Premier Youthworks vehicle was driven away. FD was the driver and UD was the passenger.

1. I note that another young person was also involved in the incident. More detailed facts can be found in the Statement of Facts (Exhibit C).

1. The attempted aggravated robbery, which carries a maximum penalty of a fine of $375,000 and/or 25 years imprisonment, was committed on 14 May…