SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY
Case Title: | R v Wright; R v Edgerton |
Citation: | [2021] ACTSC 12 |
Hearing Date: | 2 February 2021 |
DecisionDate: | 2 February 2021 |
Before: | Murrell CJ |
Decision: | Wright sentenced to two years’ imprisonment, to be served by way of intensive correction in the community. Edgerton received an indicative sentence of 18 months’ imprisonment, to be fully suspended if he continues rehabilitation in the community. |
Catchwords: | CRIMINAL LAW – JURISDICTION, PRACTICE AND PROCEDURE – Judgment and Punishment – Sentence – Intentionally inflict grievous bodily harm – Joint commission – Parity |
Legislation Cited: | Crimes (Sentencing) Act 2005 (ACT) ss 33, 36 Crimes Act 1900 (ACT) ss 19, 20 |
Cases Cited: | Jovanovic v The Queen [2015] ACTCA 29 R v Barron [2020] ACTSC 281 |
Parties: | The Queen ( Crown) Jennie Louise Wright ( Offender) Brandon Ashley Edgerton ( Offender) |
Representation: | Counsel M Howe ( Crown) B Morrisroe ( Offender Wright) J Robertson ( Offender Edgerton) |
| Solicitors ACT Director of Public Prosecutions ( Crown) Boxall Legal ( Offender Wright) JDR Law ( Offender Edgerton) | |
File Numbers: | SCC 138, 187 of 2020 |
MURRELL CJ:
Introduction
Each offender pleaded guilty to the offence that, on 24 February 2020, they intentionally inflicted grievous bodily harm on the complainant, contrary to s 19 of the Crimes Act 1900 (ACT) (Crimes Act).
The maximum penalty for the offence is 20 years' imprisonment.
Ms Wright has spent 132 days in custody solely referrable to the offence, from her arrest on 15 March 2020 until 24 July 2020 when she was granted bail.
On 24 July 2020, Ms Wright entered a plea of guilty in the Supreme Court after the matter had been committed for trial but before all committal documentation had been filed. The plea was entered in the context of a strong prosecution case. Mr Edgerton had provided a detailed version of events to police, the complainant had identified Mr Barron as the attacker, and recorded telephone conversations revealed Ms Wright's participation in the offence. The appropriate discount is about 20 per cent.
Mr Edgerton has spent no time in custody in relation to this matter.
He entered a plea of guilty at the earliest opportunity and would ordinarily receive a discount of 25 per cent for the early plea. In addition, as the Crown accepted, he is entitled to a discount under s 36 of the Crimes (Sentencing) Act 2005 (ACT) (Sentencing Act) for his assistance to the authorities in providing…
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CaseChat Overview and Summary
In its reasoning, the court first assessed the objective seriousness of the offence, taking into account the culpability of the offenders and the degree of harm caused. Ms Wright was found to be significantly culpable due to her role in planning the attack and ensuring the complainant's attendance at the house. Mr Edgerton's culpability was considered lesser, as he did not actively participate in the planning and had expressed reluctance to participate on the day of the incident. The court also examined the subjective circumstances of the offenders, including their backgrounds, criminal history, and rehabilitation prospects. Ms Wright, a mother of eight children with a history of mental health issues, was deemed to have good prospects of rehabilitation, while Mr Edgerton, who had a difficult childhood and was currently undergoing rehabilitation, was considered to have even better prospects.
Considering the principle of parity, the court acknowledged that the offenders played different roles in the offence and had different backgrounds and circumstances. While Ms Wright had a greater role and responsibility for the offence, Mr Edgerton's youth, childhood disadvantage, and good rehabilitation prospects warranted a greater discount on sentence. Consequently, the court decided to impose a sentence that would be served in the community for Ms Wright, while for Mr Edgerton, the court opted for a suspended sentence to allow him to continue his rehabilitation in the community.
The court sentenced Ms Wright to two years' imprisonment, to be served by intensive correction in the community, taking into account her role in the offence, her prospects of rehabilitation, and the impact of imprisonment on her children. Mr Edgerton received an indicative sentence of 18 months' imprisonment, which will be fully suspended if he continues to demonstrate rehabilitation in the community over the period of court supervision. The court also imposed a good behaviour order on Mr Edgerton for a period of 18 months, with additional conditions for supervision by ACT Community Corrections or their delegates.
Orders
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Background
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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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