Ndlovu v The Queen

[2018] ACTCA 33

ACT Court of Appeal

Built by Barristers,
For Australian Law.

See how it works

Interrogate

Catchwords

1. Criminal Law
2. › Sentencing
3. › Appeal against sentence
4. › Manifest excess
5. › Whether sentence for bare possession of firearm manifestly excessive where use taken into account in concurrent offences
6. › Firearms Act 1996 (ACT), s 42(a)(iii)
1. Criminal Law
2. › Sentencing
3. › Concurrent and consecutive sentences
4. › Totality principle
5. › Whether excessive accumulation between sentences for separate incidents
6. › Crimes (Sentencing) Act 2005 (ACT), s 71
1. Criminal Law
2. › Sentencing
3. › Double counting
4. › Whether criminality of possession and use of firearm impermissibly counted in both firearms offence and unlawful confinement offences
1. Criminal Law
2. › Sentencing
3. › Aggravating factors
4. › Whether being in company an aggravating factor for offence of going equipped with offensive weapon for aggravated burglary
5. › Criminal Code 2002 (ACT), ss 312, 316

Quick Take

Section 71(2) of the Crimes (Sentencing) Act 2005 (ACT) is satisfied by the specification of start and end dates that necessarily incorporate accumulation; no separate formal direction is required. Being in company at the time of committing the offence under s 316(1) of the Criminal Code 2002 (ACT) may be treated as an aggravating factor because it is not an element of that offence. Where the use of a firearm is taken into account in sentencing for unlawful confinement, the remaining sentence for bare possession must reflect only the residual criminality of possession.