R v Will

[2018] ACTSC 154

SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY

Case Title:

R v Will

Citation:

[2018] ACTSC 154

Hearing Date:

24 May 2018

DecisionDate:

24 May 2018

Before:

Mossop J

Decision:

See [34]

Catchwords:

CRIMINAL LAW – JURISDICTION, PRACTICE AND PROCEDURE – Judgment and punishment – sentencing – aid, abet, counsel or procure aggravated robbery – limited criminal history – guilty plea – sentencing purposes – general deterrence – need for adequate punishment – denunciation – recognition of harm – consideration of s 53 of the Corrections Management Act 2007 (ACT) – custodial sentence

Legislation Cited:

Criminal Code 2002 (ACT), ss 45(1), 310

Corrections Management Act2007 (ACT), s 53

Cases Cited:

Munro v The Queen [2014] ACTCA 11

R v Melkie (Unreported, Supreme Court of the Australian Capital Territory, Gray J, 17 February 2011)

R v Munro (Unreported, Supreme Court of the Australian Capital Territory, Nield AJ, 14 May 2013)

Parties:

The Crown (Crown)

David Allen Will (Offender)

Representation:

Counsel

J Hiscox (Crown)

J Sabharwal (Offender)

Solicitors

ACT Director of Public Prosecutions (Crown)

Darryl Perkins Solicitor (Offender)

File Number:

SCC 86 of 2015

MOSSOP J:

Introduction

1. David Allen Will has pleaded guilty to the offence of aiding, abetting, counselling or procuring the offence of aggravated robbery committed by two other people (Mark Munro and Sam Melkie) at the Mawson Club in Mawson on 10 May 2004.

1. The offender was the instigator, who planned and organised the robbery of the Mawson Club including obtaining information from an inside source that was critical to the success of the operation.

1. The maximum penalty for the aggravated robbery pursuant to s 310 of the Criminal Code2002 (ACT) is 25 years imprisonment, a fine of $375,000 or both. A person who aids, abets, counsels or procures the commission of an offence is guilty of that offence: Criminal Code s 45(1). Therefore the maximum penalty to which the offender in this case is exposed, is the maximum penalty for aggravated robbery.

Facts

1. The robbery took place on 10 May 2004.

1. The offender knew a man named Graeme Pagden who worked at Chubb Security Services Ltd (Chubb).  The offender repeatedly asked Mr Pagden about doing a job on a Chubb van, using Mr Pagden’s inside knowledge of the business.  He offered to pay Mr Pagden $15,000 for information that would assist him with the robbery.  Mr Pagden subsequently suggested that the best place would be the Mawson Club on a Monday where the offender could expect takings of around $150,000.

1. The offender subsequently recruited Mr Munro, who was a long-time casual acquaintance of the offender, to participate in the robbery.  He also recruited Mr Melkie who he knew because of a connection between his ex-partner and Mr Melkie’s partner.  He provided them with information received from Mr Pagden.  He also provided them with instructions to use a carport at the house of a friend of the offender’s as a place to park the getaway vehicle.  The offender knew that firearms may be used to commit the…