Achetraritei, Mircea v the Queen [1984] FCA 80

i

CATCHWORDS

Criminal Law - Armed Robbery - Appeal against severity of sentence - Matters to be taken into account - Acute personal stress - Prevalence of crime of armed robbery in the A.C.T. - Degree of participation of appellant in crime - Need to deter - Plea of guilty ~ Assistance to police by appellant - Whether a recommendation for deportation is a "sentence"

from which an appeal lies to the Federal Court.

Federal Court of Australia Act

ON APPEAL FROM THE SUPREME COURT OF THE AUSTRALIAN CAPITAL

TERRITORY

MIRCEA ACHETRARITEI v. THE QUEEN

No. A.C.T. G91 of 1982

Coram: Blackburn, Kelly and Neaves JJ. 2 April 1984

Canberra, A.C.T.

IN THE FEDERAL COURT OF AUSTRALIA

AUSTRALIAN CAPITAL TERRITORY No. ACT G91 of 1982 DISTRICT REGISTRY

GENERAL DIVISION

ON APPEAL FROM THE SUPREME COURT

OF THE AUSTRALIAN CAPITAL TERRITORY

BETWEEN: MIRCEA ACHETRARITEI

Appellant AND: THE QUEEN Respondent ORDER JUDGES MAKING ORDER: Blackburn, Kelly and Neaves JJ. DATE OF ORDER: 2 April 1984 WHERE MADE: Canberra

THE COURT ORDERS THAT the appeal be dismissed.

IN THE FEDERAL COURT OF AUSTRALIA

AUSTRALIAN CAPITAL TERRITORY

DISTRICT REGISTRY

) ) ) ) No. ACT G91 of 1982 ) ) )

GENERAL DIVISION

ON APPEAL FROM THE SUPREME COURT

OF THE AUSTRALIAN CAPITAL TERRITORY

BETWEEN: MIRCEA ACHETRARITEI

Appellant AND: THE QUEEN Respondent CORAM: Blackburn, Kelly and Neaves JJ DATE: 2 April 1984 REASONS FOR JUDGMENT THE COURT. An indictment presented against the

appellant in the Supreme Court of the Australian Capital Territory on 24 October 1983 charged that on 17 June 1981 he, being then in the company of two others and armed with offensive weapons, a rifle and a knife, assaulted Sergio vidotto and robbed him of $14,040, the property of Transfield Pty. Ltd. (Transfield). He pleaded guilty to the

charge, was duly convicted and sentenced to imprisonment