Rubino v The Queen

Case [2015] ACTCA 22


SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY
COURT OF APPEAL

Case Title:

RICHARD MICHAEL RUBINO v THE QUEEN

Citation:

[2015] ACTCA 22

Hearing Date(s):

7 November 2014

DecisionDate:

28 May 2015

Before:

Refshauge, Burns and Ross JJ

Decision:

That the appeal be dismissed

Category:

Principal Judgment

Catchwords:

APPEAL – GENERAL PRINCIPLES – Appeal against sentence Aggravated burglary – Theft – Breach of a Good Behaviour Order – Sentence manifestly excessive  – Assistance provided to police – Parity

Legislation Cited:

Criminal Code 2002

Crimes (Sentence Administration) Act 2005
Crimes (Sentencing) Act 2005

Cases Cited:

Barbaro v The Queen (2014) 305 ALR 323
Fusimalohi v R [2012] ACTCA 49
Green v The Queen [2011] HCA 49
Halden v R (1983) 9 A Crim R 30
House v The King (1936) 55 CLR 499
Hili v The Queen [2010] HCA 45
LMN v R [2012] NSWCCA 52
Lowe v The Queen (1984) 154 CLR 606
Pavicevic v The Queen [2010] ACTCA 25
Postiglione v The Queen (1997) 189 CLR 295
R v Campbell [2010] ACTCA 20
R v Hutchinson [2014] ACTCA 29
R v Hyunh [2005] NSWCCA 220
R v JW (2010) 77 NSWLR 7 at 36
R v Swan [2006] NSWCCA 47
Simonds v R [2013] ACTCA 13
Tate v R [2012] ACTCA 50
Wong v R ((2001) 207 CLR 584

Parties:

Richard Michael Rubino (Appellant)

The Queen (Respondent)

Representation:

Counsel

Mr M Rubino – Self-Represented (Appellant)

Mr J White (Respondent)

Solicitors

Appellant Self-Represented

ACT Director of Public Prosecutions

File Number(s):

ACTCA 2 of 2014

Decision under appeal:  

Court/Tribunal:             Supreme Court of the ACT

Before:  Murrell CJ

Date of Decision:         16 December 2013

Case Title:  The Queen v Richard Michael Rubino

Court File Number(s):   SCC 41 of 2012

REASONS FOR JUDGMENT

REFSHAUGE J:

1.       I have had the considerable advantage of reading in draft the reasons for Ross J.  I agree with the order his Honour proposes and the reasons for it.

I certify that the preceding one [1] numbered paragraph is a true copy of the Reasons for Judgment of his Honour Justice Refshauge.

Associate:

Date: 26 May 2015

ROSS J:

2.       On 24 September 2013 the appellant pleaded guilty to three counts of aggravated burglary and one count of theft relating to four separate incidents which took place between 15 November 2010 and 26 February 2011. The circumstances of aggravation in each count of aggravated burglary was that the offence was committed in company.  In each case the appellant was present with a co-offender, Mr Robertson, and an unknown third person, although it is not clear whether it was the same unknown person in each instance.  On 16 December 2013 Murrell CJ sentenced the appellant to 7 years and 11 months imprisonment with a nonparole period of 4 years and 1 month.  The appellant has appealed her Honour’s sentence and this decision deals with that appeal.

3.       The facts are set out in her Honour’s sentencing remarks and are not in dispute.  The first aggravated burglary offence…

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AGLC
Rubino v The Queen [2015] ACTCA 22
Case
[2015] ACTCA 22
Decision Date

CaseChat Overview and Summary

The appeal in *Rubino v The Queen* concerned a sentence imposed on the respondent for aggravated burglary, theft, and breach of a good behaviour order. The appeal was heard by Refshauge, Burns and Ross JJ of the Supreme Court of the Australian Capital Territory.

The central legal issue before the Court was whether the sentence imposed was manifestly excessive, particularly in light of the assistance the respondent had provided to the police and considerations of parity with other offenders.

The Court considered the principles governing appeals against sentence, including the limited grounds on which an appellate court will interfere with a sentencing judge's discretion. It weighed the objective seriousness of the offences against mitigating factors such as the respondent's cooperation with authorities and the need for consistency in sentencing. The Court ultimately found that the sentence was not demonstrably excessive when all relevant factors were taken into account.

Consequently, the appeal was dismissed.

Orders

Orders of the court

That the appeal be dismissed

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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