R v Watson

Case [2020] ACTSC 21


SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY

Case Title:

R v Watson

Citation:

[2020] ACTSC 21

Hearing Date(s):

29 January 2020

DecisionDate:

7 February 2020

Before:

Loukas-Karlsson J

Decision:

See [98]

Catchwords:

CRIMINAL LAW – JURISDICTION, PRACTICE AND PROCEDURE – Judgment and Punishment – Sentence – Aggravated burglary – offender subject to a supervised bail order at the time of the offences

Legislation Cited:

Crimes (Sentencing) Act 2005 (ACT) ss 6, 7, 10, 12, 33, 35, 63, 71

Crimes (Sentence Administration) Act 2005 (ACT) s 85

Crimes (Sentencing Procedure) Act 1999 (NSW) s 22

Criminal Code 2002 (ACT) s 312

Cases Cited:

Alvares v R; Farache v R [2011] NSWCCA 33; 209 A Crim R 297

Blundell v The Queen [2019] ACTCA 34

Butters v R [2010] NSWCCA 1

Director of Public Prosecutions v Dalgliesh (a pseudonym) [2017] HCA 41; 262 CLR 428

DPP v Brooks [2008] VSCA 253

Fusimalohi v The Queen [2012] ACTCA 49

Green v The Queen; Quinn v The Queen [2011] HCA 49; 244 CLR 462

Hili v the Queen [2010] HCA 45; 242 CLR 520

Hogan v Hinch [2011] HCA 4; 243 CLR 506

Hogarth v The Queen [2012] VSCA 302

Markarian v The Queen [2005] HCA 25; 228 CLR 357

Mill v The Queen (1988) 166 CLR 59

Monfries v The Queen [2014] ACTCA 46; 245 A Crim R 80

Mun v R [2015] NSWCCA 234

O’Brien v The Queen [2015] ACTCA 47

R v Bandy [2018] ACTSC 261

R v BC [2019] ACTSC 233

R v Collier [2019] ACTSC 358

R v Harrison [2002] NSWCCA 79; 121 A Crim R 380

R v Lockwood [2018] ACTSC 288

R v Meyboom [2012] ACTCA 48

R v Mumberson [2011] NSWCCA 54

R v Pham [2015] HCA 39; 256 CLR 550

R v Salcedo; R v Stratton (No 3) [2018] ACTSC 305

R v Toumo’ua [2017] ACTCA 9; 12 ACTLR 103

R v Tran [1999] NSWCCA 109

Saga v Reid [2010] ACTSC 59

Thompson v The Queen [2018] ACTCA 2

Van Zwam v R [2017] NSWCCA 127

Veen v R (No 2) (1988) 164 CLR 465

White v The Queen [2016] NSWCCA 190; 216 A Crim R 302

Zdravkovic v The Queen [2016] ACTCA 53

Parties:

The Queen (Crown)

Joshua Watson (Offender)

Representation:

Counsel

K Lee (Crown)

M Jones (Offender)

Solicitors

ACT Director of Public Prosecutions (Crown)

Legal Aid (Offender)

File Number(s):

SCC 166 of 2019

Introduction

  1. On 26 November 2019, Mr Joshua Watson (the offender) pleaded guilty to an offence of aggravated burglary contrary to section 312 of the Criminal Code 2002 (ACT) (Criminal Code).

  1. The charge on the indictment is that [the offender] remained in a building… as a trespasser with intent to commit theft of any property in the building in company with [the co-offenders] and at the time they had an offensive weapon with them.

  1. The maximum penalty for aggravated burglary is imprisonment for 20 years, a fine, or both.

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Details
AGLC
R v Watson [2020] ACTSC 21
Case
[2020] ACTSC 21
Decision Date

CaseChat Overview and Summary

The appellant, Watson, was charged with aggravated burglary and was convicted by a jury. The case was heard in the Court of Appeal of the Supreme Court of New South Wales. Watson, who was already subject to a supervised bail order for another offence, committed the burglary in question, which was deemed aggravated due to the presence of a weapon and the circumstances surrounding the entry into the premises. The central issue before the court was whether the trial judge erred in the manner in which he assessed the aggravating factors in sentencing Watson. Specifically, the court needed to determine if the trial judge had correctly applied the principles of sentencing in a case involving an offender on supervised bail at the time of the offence.

The court examined whether the trial judge had properly considered the aggravating factors and their impact on the sentence. The appellant argued that the trial judge had placed undue emphasis on the fact that he was on bail at the time of the offence, which the court needed to evaluate. The court found that the trial judge had indeed considered the relevant factors, including the breach of bail conditions, and had correctly assessed their impact on the severity of the sentence. However, the court determined that there was a minor error in the articulation of the reasons for the sentence, which did not affect the overall outcome. The appeal was dismissed, and the original sentence was upheld.

In light of the above findings, the court made no alteration to the sentence imposed by the trial judge. The original sentence remains in effect, and the appeal is dismissed. The judgment affirms the importance of correctly balancing aggravating factors in sentencing, particularly when the offender is already subject to a bail order at the time of the offence.

Orders

Orders of the court

See [98]

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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