R v Parker

SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY

Case Title:	R v Parker
Citation:	[2021] ACTSC 57
Hearing Date:	18 March 2021
DecisionDate:	18 March 2021
Before:	Burns ACJ
Decision:	See [4]–[7]
Catchwords:	CRIMINAL LAW – JURISDICTION, PRACTICE AND PROCEDURE – Judgment and Punishment – Sentence – aggravated robbery – deferred sentence – where co-offender had some degree of influence over the offender
Cases Cited:	R v Parker [2020] ACTSC 38
Parties:	The Queen (Crown) Jasmin Parker (Offender)
Representation:	Counsel M Howe (Crown) B Morrisroe (Offender)
Solicitors ACT Director of Public Prosecutions (Crown) Boxall Legal (Offender)
File Number:	SCC 248 of 2019

Burns ACJ:

On 4 February I imposed convictions and made a deferred sentence order on the charges before the Court today. I accept that there have been some bumps along the way but generally, the result of the deferred sentence order that I have imposed over the last 13 months has been positive. I therefore propose to proceed by way of a suspended sentence of imprisonment.

In setting the length of the Good Behaviour Order which will attend the suspended sentence, I will take into account the period of time over the last 13 months that the accused has already spent subject to bail conditions.

In determining the appropriate length of sentence, I will take into account her early plea of guilty. I also note the sentences that were imposed in R v Parker [2020] ACTSC 38 with respect to the accused's co-offender who is her mother, Crystal Parker. I take into account that she was in company with an offender, that being her mother, who is much older and a person who may be expected to have some degree of influence over the offender.

With regard to the offence of attempted aggravated robbery, which occurred on 20 May 2019 (CAN 8375/2019), I have already recorded a conviction on 4 February 2020. There will be a sentence of nine months' imprisonment commencing today, 18 March 2021 and expiring on 17 December 2021.

With regard to the offence of aggravated robbery, which occurred on 20 May 2019 (CAN 8376/2019), again I have already recorded a conviction and there will be a sentence of 18 months' imprisonment again commencing today, 18 March 2021 and expiring on 17 September 2022.

Regarding the final offence of aggravated robbery, which occurred on 23 July 2019 (CAN 8377/2019), there will be a further sentence of 18 months' imprisonment commencing on 18 June 2021 and expiring on 17 December 2022.

The aggregate sentence which I have imposed is therefore one which commences today, 18 March 2021 and expires on 17 December 2022. Those sentences will be suspended wholly and there will be a Good Behaviour Order with regard to each of those sentences for a period of two years from 18 March 2021 to 17 March 2023. It will be a condition of that Order that the offender is to accept the supervision of the Director-General or that person's delegate for that period of two years or such lesser period as may be deemed appropriate by her supervising officer and she is to obey all reasonable directions of her supervising officer.

[Speaking directly to offender]

You have made pretty good progress so far. It has not been without, as I have said, its ups and downs but by and large, it has been very positive. You have been fortunate that you have maintained to an acceptable extent the approach that you have taken because otherwise you would have been serving quite a lengthy term of imprisonment.

Now, you still have a lengthy term of imprisonment hanging over your head, but you have the opportunity now to work your way through that over the next two years without having to serve any full-time imprisonment.

I certify that the preceding nine [9] numbered paragraphs are a true copy of the Reasons for Sentence of his Honour Acting Chief Justice Burns.

Associate:

Date:

CaseChat Overview and Summary

The case of R v Parker involved the Supreme Court of the Australian Capital Territory, presided over by Acting Chief Justice Burns. The defendant, Jasmin Parker, was convicted of multiple counts of aggravated robbery and faced sentencing. The legal issues before the court were to determine the appropriate length of the sentence, taking into account mitigating factors such as the defendant's early guilty plea and her association with a co-offender, her mother, who had some influence over her.

The court considered the positive progress made by the defendant over the 13 months following the imposition of a deferred sentence order. It also evaluated the sentences imposed on the defendant's co-offender, Crystal Parker, in a previous case. The court acknowledged the defendant's early plea of guilty and her compliance with bail conditions, which contributed to the overall positive outcome of the deferred sentence. The court further imposed a suspended sentence of imprisonment for the defendant, along with a Good Behaviour Order, allowing her to avoid full-time imprisonment for the next two years. The aggregate sentence imposed by the court was to expire on 17 December 2022, with the condition that the defendant accept supervision by the Director-General and obey all reasonable directions during the period of the Good Behaviour Order.

In conclusion, the court determined that the defendant would serve a suspended sentence of imprisonment, with a Good Behaviour Order in place for two years. This decision provided the defendant with an opportunity to avoid full-time imprisonment and work towards rehabilitation, while still maintaining the deterrent effect of the imposed sentence. The court recognised the progress made by the defendant and encouraged her to continue on this positive path.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established