R v Vincent (No 3)
[2018] ACTSC 347
•4 June 2021
SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY
| Case Title: | R v Vincent (No 3) |
| Citation: | [2021] ACTSC 113 |
| Hearing Date: | 4 June 2021 |
| Decision Date: | 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.
2. 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.
3. 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.
4. 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). 5. 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.
6. The commission of the current offences places the offender in breach of the Good Behaviour Order.
7. The offender is before me today for re-sentencing in respect of the breach, and for sentencing in respect of the two new offences.
8. There is a detailed Statement of Facts in Exhibit A. In summary, in early 2020 there was a series of burglaries of Canberra residences.
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.
10. The property with an identifiable owner totalled just under $35,000 in value. The property of unknown ownership was worth about $100,000.
11. The stolen property is widespread in quantity and nature. For example there is a marble basin, a Blue Dolly, a Star Wars figurine, six door stoppers, a range of whipper snippers and an assortment of bicycles.
12. A bicycle is the subject of a Victim Impact Statement. The victim says that she used
her bicycle as “my form of exercise, form of stress relief/mental health and my transportation to work”. These activities were disrupted. She has also become nervous
about the security of her current bicycle so that she does not use it as frequently as
she might have otherwise done because she is not able to secure the bicycle.13. The victim is a nurse. Her bicycle is an important part of dealing with the stress of this occupation.
14. When the offences were committed the offender was already on bail for other offences of the same nature. He has since been sentenced to imprisonment for these offences. The end date is August 2022. He has however been granted parole but has remained in custody because of the current offences.
In 2018 I mentioned that the offender had “a significant criminal record”. He has since
added to his collection of convictions.
16. He does still have a drug problem and is hoping to compete a 16-week residential program. The likelihood of him being able to participate in the program is at the core of the actions I will take in sentencing him and imposing a nonparole period.
17. The sentences imposed today follow shorter reasons I would otherwise give but have been enabled to do so by the assistance from both Counsel for the Crown and for the offender. The Court is grateful for that assistance.
18. I make the following orders:
(a) For the breach of the Good Behaviour Order the offender is sentenced to 5 months’ imprisonment to commence today 4 June 2021 and end on 3
November 2021.
(b) For the receiving offence (CC2020/4380) the offender is sentenced to 2 years’ imprisonment to commence on 15 September 2021 and end on 14
September 2023.
(c) For the offence of possessing stolen property (CAN4381/2020) the offender is sentenced to 3 months’ imprisonment to commence on 15 September
2021 and end on 14 December 2021.
(d) I set a nonparole period of 5 months and 7 days to commence today and end on 10 November 2021. (e) Pursuant to section 376 of the Criminal Code 2002 (ACT), the property to which the offence relates, described at Annexure “A” of this order (the
Property) is forfeited to the Territory.
(f) This Property is to be transferred to the Public Trustee and Guardian of the Australian Capital Territory. I certify that the preceding eighteen [18] numbered paragraphs are a true copy of the Reasons for Sentence of his Honour Justice Elkaim.
Associate:
Date: 4 June 2021
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