Stafrace v Carter

[2017] ACTSC 371

SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY

Case Title:

Stafrace v Carter

Citation:

[2017] ACTSC 371

Hearing Date:

1 November 2017

DecisionDate:

2 November 2017

Before:

Mossop J

Decision:

See [31]

Catchwords:

APPEAL – CRIMINAL LAW – Appeal from the Magistrates Court – sentences alleged to be manifestly excessive – possession of a prohibited weapon – prohibited weapon being a taser – common assault – family violence offence – appellant has a long standing illicit drug addiction – sentences manifestly excessive – appeal upheld – specific deterrence – appellant resentenced – consideration of time previously spent in custody and residential rehabilitation in regard to these offences

Legislation Cited:

Crimes (Sentence Administration) Act 2005 (ACT)

Crimes (Sentencing) Act 2005 (ACT), s 63

Cases Cited:

Chatfield v Badman [2015] ACTSC 209

Dalton v The Queen [2015] ACTCA 48
R v Hamid (2006) 164 A Crim R 179
R v Wyper [2017] ACTSC 50

The Queen v Stanley [2015] ACTSC 322

Parties:

Monica Terisa Stafrace (Appellant)

Robyn Carter (First Respondent)

Mark Treloar (Second Respondent)

Representation:

Counsel

R Davies (Appellant)

M Thomas (First and Second Respondents)

Solicitors

Legal Aid ACT (Appellant)

ACT Director of Public Prosecutions (First and Second Respondents)

File Number:

SCA 43 of 2017

Decision under appeal: 

Court/Tribunal:              ACT Magistrates Court

Before:  Magistrate Boss

Date of Decision:         16 May 2017

Case Title:  Mark Treloar v Monica Terisa Stafrace

Robyn Carter v Monica Terisa Stafrace

Court File Numbers:      CC2016/12937

CC2017/866

MOSSOP J:

Introduction

1. This is an appeal from a decision of the ACT Magistrates Court on 16 May 2017. The appellant, Monica Stafrace, appeals from two sentences imposed in relation to charges of common assault (charge CC2017/866) and possess/use a prohibited weapon (charge CC2016/12937).

1. The ground of the appeal is that the sentences were manifestly excessive in all the circumstances.

The sentences

1. The penalty imposed in relation to the possession of a prohibited weapon charge was four months imprisonment from 12 January 2017 until 11 May 2017.  The penalty for the common assault was six months imprisonment from 12 February 2017 until 22 May 2017 and thereafter suspended upon entering into a Good Behaviour Order for a period of
   18 months.  The offender had been in custody since 12 January 2017 and was to enter a residential rehabilitation facility on 22 May 2017.  She had a history of drug abuse but her only conviction was for being an unlicensed driver in 2014, for which she was fined $150.

1. The effect of the sentences was that they were:

(a)a total period of full time detention of four months and 11 days;

(b)concurrent to the extent of three months and 10 days;

(c)cumulative as to 21 days served by way of full-time detention; and

(d)approximately two months and 10 days of imprisonment on the common assault charge were suspended.

The offences

1. The possession of a prohibited weapon occurred on 12 December 2016.  She was pulled over by police while driving a vehicle and had in her possession an instrument described as a taser.  The…