The Queen v Blundell - [2015] ACTSC 383

SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY

Case Title:	The Queen v Blundell
Citation:	[2015] ACTSC 383
Hearing Dates:	7 October and 11 November 2015
DecisionDate:	12 November 2015
Before:	Refshauge J
Decision:	1. Paul Blundell be convicted of the first burglary at Casey on 1 October 2014. 2. Paul Blundell be sentenced to fifteen months imprisonment to commence on 10 November 2015 to take account of pre‑sentence custody. 3. Paul Blundell be convicted of theft from those premises. 4. Paul Blundell be sentenced to twelve months imprisonment to commence today 10 November 2015, that is to be wholly concurrent on the sentence for the burglary. 5. Paul Blundell be convicted of the second burglary at Casey on 1 October 2014. 6. Paul Blundell be sentenced to fifteen months imprisonment to commence on 10 March 2016, that is to be cumulative as to four months on the sentence for the first burglary at Casey. 7. Paul Blundell be convicted of theft from that burglary. 8. Paul Blundell be sentenced to twelve months imprisonment to commence on 10 August 2016, that is to be cumulative as to two months on the second burglary at Casey. 9. Paul Blundell be convicted of the third burglary at Casey. 10. Paul Blundell be sentenced to fifteen months imprisonment to commence on 10 November 2016, that is to be cumulative as to six months on the sentence for the theft in the second burglary at Casey. 11. Paul Blundell be convicted of theft from that burglary. 12. Paul Blundell be sentenced to twelve months imprisonment to commence on 10 March 2017, that is to be cumulative as to one month on the sentence for the third burglary at Casey. 13. Paul Blundell be convicted of the fourth burglary at Casey. 14. Paul Blundell be sentenced to fifteen months imprisonment to commence on 10 June 2016, that is to be cumulative as to six months on the sentence for the theft in the third burglary at Casey. 15. Paul Blundell be convicted of theft from those premises. 16. Paul Blundell be sentenced to 12 months imprisonment to commence on 10 June 2017, that is to be wholly concurrent on the sentence for the fourth burglary at Casey. 17. Paul Blundell be convicted of the first burglary at Calwell on 1 October 2014. 18. Paul Blundell be sentenced to eighteen months imprisonment to commence on 10 October 2017, that is to be cumulative as to seven months on the sentence for the fourth burglary at Casey. 19. Paul Blundell be convicted of theft from that burglary. 20. Paul Blundell be sentenced to twelve months imprisonment to commence on 10 October 2017, that is to be wholly concurrent with the sentence for the first burglary at Calwell. 21. Paul Blundell be convicted of the second burglary at Calwell on 1 October 2014. 22. Paul Blundell be sentenced to eighteen months imprisonment to commence on 10 May 2018, that is to be cumulative as to seven months on…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

Continue reading The Queen v Blundell

Details

AGLC: The Queen v Blundell [2015] ACTSC 383
Case: [2015] ACTSC 383
Decision Date: 12 November 2015

CaseChat Overview and Summary

The defendant, Paul Blundell, was convicted by the Supreme Court of the Australian Capital Territory on various charges, including burglary and theft. The court heard the case and considered the appropriate sentences for Blundell, taking into account his criminal history, drug addiction, and other relevant factors.

The primary legal issue before the court was the determination of an appropriate sentence for Blundell, considering his extensive criminal history, ongoing drug use, and a period of non-offending prior to the current charges. The court had to balance the need for deterrence, rehabilitation, and protection of the community with the defendant's personal circumstances.

The court found that Blundell's significant criminal history, coupled with his ongoing drug use and failure to comply with previous orders, warranted a custodial sentence. However, the court also took into account Blundell's period of non-offending and his willingness to comply with a Good Behaviour Order. The court determined that a combination of imprisonment and a Good Behaviour Order would be the most appropriate sentence, allowing for both punishment and rehabilitation. The court imposed various sentences for each charge, to be served concurrently or cumulatively, and ordered Blundell to sign an undertaking to comply with good behaviour obligations for a period of four years.

The court ordered Blundell to be convicted of the various charges and sentenced him to imprisonment for each offence, with some sentences to be served concurrently and others cumulatively. Blundell was also ordered to sign an undertaking to comply with good behaviour obligations for four years and to pay a fine to a victim.

Orders

Orders of the court

1. Paul Blundell be convicted of the first burglary at Casey on 1 October 2014.

2. Paul Blundell be sentenced to fifteen months imprisonment to commence on 10 November 2015 to take account of pre‑sentence custody.

3. Paul Blundell be convicted of theft from those premises.

4. Paul Blundell be sentenced to twelve months imprisonment to commence today 10 November 2015, that is to be wholly concurrent on the sentence for the burglary.

5. Paul Blundell be convicted of the second burglary at Casey on 1 October 2014.

6. Paul Blundell be sentenced to fifteen months imprisonment to commence on 10 March 2016, that is to be cumulative as to four months on the sentence for the first burglary at Casey.

7. Paul Blundell be convicted of theft from that burglary.

8. Paul Blundell be sentenced to twelve months imprisonment to commence on 10 August 2016, that is to be cumulative as to two months on the second burglary at Casey.

9. Paul Blundell be convicted of the third burglary at Casey.

10. Paul Blundell be sentenced to fifteen months imprisonment to commence on 10 November 2016, that is to be cumulative as to six months on the sentence for the theft in the second burglary at Casey.

11. Paul Blundell be convicted of theft from that burglary.

12. Paul Blundell be sentenced to twelve months imprisonment to commence on 10 March 2017, that is to be cumulative as to one month on the sentence for the third burglary at Casey.

13. Paul Blundell be convicted of the fourth burglary at Casey.

14. Paul Blundell be sentenced to fifteen months imprisonment to commence on 10 June 2016, that is to be cumulative as to six months on the sentence for the theft in the third burglary at Casey.

15. Paul Blundell be convicted of theft from those premises.

16. Paul Blundell be sentenced to 12 months imprisonment to commence on 10 June 2017, that is to be wholly concurrent on the sentence for the fourth burglary at Casey.

17. Paul Blundell be convicted of the first burglary at Calwell on 1 October 2014.

18. Paul Blundell be sentenced to eighteen months imprisonment to commence on 10 October 2017, that is to be cumulative as to seven months on the sentence for the fourth burglary at Casey.

19. Paul Blundell be convicted of theft from that burglary.

20. Paul Blundell be sentenced to twelve months imprisonment to commence on 10 October 2017, that is to be wholly concurrent with the sentence for the first burglary at Calwell.

21. Paul Blundell be convicted of the second burglary at Calwell on 1 October 2014.

22. Paul Blundell be sentenced to eighteen months imprisonment to commence on 10 May 2018, that is to be cumulative as to seven months on the sentence for the first burglary at Calwell.

23. Paul Blundell be convicted of theft in that burglary.

24. Paul Blundell be sentenced to twelve months imprisonment to commence on 10 May 2018, that is to be wholly concurrent with the sentence on the second burglary at Casey.

25. That sentence be suspended today, 12 November 2015, for four years.

26. Paul Blundell be required to sign an undertaking to comply with the offender’s good behaviour obligations under the Crimes (Sentence Administration) Act 2005 (ACT), for a period of four years, with a probation condition that he be under the supervision of the Director General or her delegate and obey all reasonable directions of the person supervising him for four years or such lesser period as the person supervising him considers appropriate.

27. Paul Blundell pay the sum of $170 within two months, to be paid to the Registrar of the Supreme Court, for payment out to MN of [an address in the ACT]. .

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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