R v Vecchi - [2021] ACTSC 70

SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY

Case Title:	R v Vecchi
Citation:	[2021] ACTSC 70
Hearing Date:	15 April 2021
Decision Date:	15 April 2021
Before:	Burns J
Decision:	See [10]–[14]
Catchwords:	CRIMINAL LAW – JURISDICTION, PRACTICE AND PROCEDURE – Judgment and Punishment – Sentence – burglary – theft – consideration of good prospects for rehabilitation – co-offender – pleas of guilty – demonstration of
degree of insight and remorse
Parties:	The Queen (Crown) Kieren Vecchi (Offender)
Representation:	Counsel
T Hickey (Crown)
J Sabharwal (Offender)
Solicitors
ACT Director of Public Prosecutions (Crown)
Rachel Bird & Co (Offender)
File Number:	SCC 198 of 2020
BURNS J:

1.       Kieren Vecchi, you appear before me today to be sentenced with respect to one offence of burglary (CAN 6783/2020) and one offence of theft (CAN 6784/2020), both of which occurred in the period between 12 and 13 May 2020. The offence of burglary carries a maximum penalty of 14 years' imprisonment and a $224,000.00 fine. The offence of theft carries a maximum penalty of 10 years' imprisonment and a fine of $160,000.00.
2.       A comprehensive Statement of Facts has been tendered as Exhibit 1 and I will not recite those facts now. It is sufficient to note that between the dates in question, you and your co-offender entered a shed at a commercial premises as trespassers and while at those premises, you stole a Bobcat and an auger driver.
3.       In assessing the objective seriousness of the offences to which you have entered pleas of guilty, I take into account that these offences were pre-meditated and were the subject of some not inconsiderable planning. With regard to the offence of theft I take into account the fact that the value of the goods stolen was quite significant, approximately $50,000.00. I also take into account that the premises which were the subject of the burglary were entered late at night and they were in a rural area of the ACT, meaning that those were vulnerable premises. It seems to me that you were probably not the architect of the offence, but certainly you played a very significant role.

Subjective features

4.       You did not enter early pleas of guilty to these charges. You entered pleas of guilty at a Criminal Case Conference before a trial date had been set. I propose to reduce the otherwise appropriate sentences by approximately 15 per cent in order to reflect your pleas of guilty.
5.       You have no previous criminal history. You were remanded in custody from 4 June 2020 until 25 June 2020 after which you were released on bail. There were no disciplinary issues with you in the Alexander Maconochie Centre, in addition to which you complied with directions of ACT Corrective Services for the preparation of the Pre-Sentence Report.
6.       I note that you come from a loving and supportive family and there appears to have been no problems in relation to abuse or neglect in your childhood. It is a matter of some significance…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

Continue reading R v Vecchi

Details

AGLC: R v Vecchi [2021] ACTSC 70
Case: [2021] ACTSC 70
Decision Date: 15 April 2021

CaseChat Overview and Summary

The case of R v Vecchi involved the appellant, Vecchi, who was charged with burglary and theft. The dispute was heard by the court, which needed to determine the appropriate sentence for the appellant. The court was tasked with deciding the legal issues surrounding the sentencing of Vecchi, particularly considering the nature of the offences, the appellant's prospects for rehabilitation, and the role of co-offenders in the proceedings. The primary issue was the appropriate punishment for the appellant given the mitigating factors, such as the co-offender's role and Vecchi's admission of guilt.

The court examined the circumstances of the offences and the appellant's prospects for rehabilitation. It was noted that Vecchi had pleaded guilty to both charges, which was a mitigating factor. Additionally, the court took into account the role of the co-offender, who had already been sentenced, and the appellant's potential for rehabilitation. The court also considered the severity of the offences, which involved breaking and entering, and theft. The court found that while the offences were serious, the appellant's guilty plea and prospects for rehabilitation were significant mitigating factors.

In delivering the judgment, the court balanced the severity of the offences against the mitigating factors presented. It was determined that a custodial sentence was necessary due to the seriousness of the crimes, but the duration of the sentence was influenced by the appellant's guilty plea and potential for rehabilitation. The court decided that the appropriate sentence would be a period of imprisonment, taking into account the need for deterrence, protection of the community, and the appellant's potential for reform. The court ultimately decided that the appellant should serve a term of imprisonment, reflecting the gravity of the offences while considering the mitigating factors.

The final orders of the court were that the appellant should serve a term of imprisonment, the specifics of which were detailed in the judgment. The court provided a clear rationale for the sentence, taking into account the nature of the offences, the appellant's guilty plea, the role of the co-offender, and the prospects for rehabilitation. The sentence was designed to serve the purposes of punishment, deterrence, and rehabilitation, reflecting the court's balanced approach to sentencing in this case.

Orders

Orders of the court

See [10]–[14]

Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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