R v JM [2014] ACTSC 380

R v JM [2014] ACTSC 380 - ACTSC 2014 case summary — Zoe

JM be convicted of aggravated robbery on 27 January 2014.
As a result of the above conviction, JM be found to have breached the offenders obligations not to commit further offences during the period of the good behaviour order made on 11 December 2012 and amended on 13 December 2012 which was made under s 12(3) of the Crimes (Sentencing) Act 2005 (ACT).
The good behaviour order made on 11 December 2012 and amended on 13 December 2012 be cancelled.
JM be re-sentenced for the offences for which he was sentenced on 11 December 2013.
The convictions be confirmed for the five offences for which JM was sentenced on 11 December 2012, being one count of dishonestly taking and using a motor vehicle without consent, three counts of theft and one count of aggravated robbery.
For the offence of dishonestly taking and using a motor vehicle without consent on 5 March 2012, JM be sentenced to fifteen months' imprisonment to commence on 2 March 2013 to take into account custody already served as pre-sentence custody.
For the offence of theft of alcohol and soft drink on 5 March 2012, JM be sentenced to nine months' imprisonment to commence on 2 December 2013, that is to be cumulative as to three months on the first sentence I have imposed today.
For the offence of aggravated robbery on 5 March 2012, JM be sentenced to three years' imprisonment to commence on 2 March 2013, that is to be cumulative as to eighteen months on the sentence for theft on that day.
For the offence of theft of petrol on 5 March 2012, JM be sentenced to six months' imprisonment to commence on 2 December 2015, that is to be cumulative as to three months on the sentence for aggravated robbery.
For the offence of theft of items from a Mazda sedan on 5 March 2012, JM be sentenced to nine months' imprisonment to commence on 2 December 2015, that is to be cumulative as to three months on the sentence for the theft of petrol.
For the offence of aggravated robbery on 27 January 2014, JM be sentenced to imprisonment for three years and six months, to commence on 2 December 2015, that is to be wholly cumulative on the sentence for theft of items from a Mazda sedan.
A non- parole period of three years and six months be set to commence on 2 March 2013 and to end on 1 September 2016.
A copy of these remarks be forwarded by the Registrar of the Supreme Court to ACT Corrective Services and the Australian Federal Police, drawing the attention of those agencies to the remarks about the date of birth of JM and requesting that appropriate amendments be made to their records.

[119]

I convict you of aggravated robbery on 27 January 2014.
I am satisfied that, as a result, you have breached the offenders obligations not to commit further offences during the period of the Good Behaviour Order made on 11 December 2012 and amended on 13 December 2012 which was made under s 12(3) of the Crimes (Sentencing) Act 2005 (ACT).
Under s 110 of the Crimes (Sentence Administration) Act 2005 (ACT), I cancel that Good Behaviour Order.
I re-sentence you for the offences for which I sentenced you to imprisonment on 11 December 2013, and which sentences I then partially suspended.
I confirm the conviction for those five offences, being dishonestly taking and using a motor vehicle without consent, three counts of theft and aggravated robbery.
For the offence of dishonestly taking and using a motor vehicle without consent on 5 March 2012, I sentence you to fifteen months' imprisonment to commence on 2 March 2013 to take into account custody already served as pre-sentence custody. Had you not pleaded guilty, I would have sentenced you to twenty months' imprisonment.
For the offence of theft of alcohol and soft drink on 5 March 2012, I sentence you to nine months' imprisonment to commence on 2 December 2013. That is to be cumulative as to three months on the first sentence I have imposed today. Had you not pleaded guilty, I would have sentenced you to twelve months' imprisonment.
For the offence of aggravated robbery on 5 March 2012, I sentence you to three years' imprisonment to commence on 2 March 2013. That is to be cumulative as to eighteen months on the sentence for theft on that day. Had you not pleaded guilty, I would have sentenced you to four years' imprisonment.
For the offence of theft of petrol on 5 March 2012, I sentence you to six months' imprisonment to commence on 2 December 2015. That is to be cumulative as to three months on the sentence for aggravated robbery. Had you not pleaded guilty, I would have sentenced you to eight months' imprisonment.
For the offence of theft of items from a Mazda sedan on 5 March 2012, I sentence you to nine months' imprisonment to commence on 2 December 2015. That is to be cumulative as to three months on the sentence for the theft of petrol.
For the offence of aggravated robbery on 27 January 2014, I sentence you to imprisonment for three years and six months, to commence on 2 December 2015. That is to be wholly cumulative on the sentence for theft of items from a Mazda sedan. Had you not pleaded guilty, I would have sentenced you to four years and two months' imprisonment.
That is a total sentence of six years and three months from 2 March 2013 to 1 June 2019.
I set a non-parole period of three years and six months to commence on 2 March 2013 and to end on 1 September 2016.
I request that these remarks be forwarded by the Registrar of the Supreme Court to ACT Corrective Services and the Australian Federal Police, drawing the attention of those agencies to my remarks about the date of birth of Jonathon Monaghan and requesting that appropriate amendments be made to their records.

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