R v Vincent (No 3)

[2021] ACTSC 113

SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY

Case Title:

R v Vincent (No 3)

Citation:

[2021] ACTSC 113

Hearing Date:  

4 June 2021

DecisionDate:

4 June 2021

Before:

Elkaim J

Decision:

See [18]

Catchwords:

CRIMINAL LAW – JURISDICTION, PRACTICE AND PROCEDURE – Judgment and Punishment – Sentence – receive stolen property – possess stolen property – breach of Good Behaviour Order – significant criminal record – offender to participate in rehabilitation program

Legislation Cited:

Criminal Code 2002 (ACT), ss 313, 324, 376

Cases Cited:

R v Vincent [2018] ACTSC 347

Parties:

The Queen ( Crown)

Christopher Lee Vincent ( Offender)

Representation:

Counsel

M Howe ( Crown)

J Purnell SC ( Offender)

Solicitors

ACT Director of Public Prosecutions ( Crown)

JDR Law ( Offender)

File Numbers:

SCC 100 of 2018; SCC 103 of 2018
SCC 122 of 2020; SCC 121 of 2020

ELKAIM J:

1. On 8 April 2021, in response to an indictment dated 6 April 2021, the offender pleaded guilty to a single charge of dishonestly receiving stolen property (CC4380/2020), contrary to s 313 of the Criminal Code 2002 (ACT). The maximum penalty is 10 years’ imprisonment, a fine of $160,000 or both.

1. The offender also pleaded guilty to a single count of unlawful possession of stolen property (CAN4381/2020), contrary to s 324 of the Criminal Code, which was transferred from the Magistrates Court. The maximum penalty is 6 months’ imprisonment, a fine of $8,000 or both.

1. The pleas of guilty were entered after a Criminal Case Conference. A trial was due to start in the week commencing on 12 April 2021. As a result the offender is entitled to a discount of 15% which will be factored into his final sentence.

1. On 12 September 2018, prior to the commission of the above offences, I sentenced the offender for the following offences:

(a)Assault occasioning actual bodily harm (CC1430/2018);

(b)Two counts of damaging property (CC4970/2018 and CC4971/2018).

1. The practical result was that the offender was sentenced to 12 months’ imprisonment which was suspended on the condition that he become subject to a Good Behaviour Order for a period of 18 months (R v Vincent [2018] ACTSC 347). I refer to that judgment in respect of his subjective circumstances.

1. The commission of the current offences places the offender in breach of the Good Behaviour Order.

1. The offender is before me today for re-sentencing in respect of the breach, and for sentencing in respect of the two new offences.

1. There is a detailed Statement of Facts in Exhibit A. In summary, in early 2020 there was a series of burglaries of Canberra residences.

1. On 27 March 2020 the police attended the offender’s home in Kambah to execute a search warrant. They discovered many items that had been stolen during the burglaries. They also found property, obviously stolen, but belonging to unknown persons. This property is the subject of the unlawful possession of stolen property charge.

1. The property with an identifiable owner totalled just under $35,000 in value. The property…