A visiting judge has slammed delays in the Cairns justice system as “outrageous” as she sentenced a man for an attempted armed robbery he committed with a shotgun more than three years ago.
The court was told each step in the legal process took months, sometimes more than a year, in the case of Peter Joshua Noble, 27, starting with a 14-month delay between when he committed the crime and when he was charged by the police.
The initial delay by the police was followed by another 14 months in the magistrates courts before the matter was committed to the higher court, where it took another six months for the Director of Public Prosecutions to present an indictment for sentence in the Cairns District court.
Visiting Judge Vicki Loury asked if it was “normal” in Cairns for cases to take so long.
Defence barrister Aaron Dunkerton confirmed is was “not out of the norm, if I can put it that way”.
Noble pleaded guilty in the Cairns District Court to one count of armed robbery in company over his failed attempt in late October 2022 to rob a Cairns service station with a shotgun with two other men. All men were wearing hoodies and masks and one other man had a knife.
The court was told the service station attendant had just closed and locked up, and indicated as such to the men trying to get in, who went away. It wasn’t until he watched the CCTV footage that he noticed the weapons, the court was told.
The court was told Noble had attempted another armed robbery with the same shotgun a few days later – he knocked on a taxi-driver’s door with the double-barrelled shotgun, and the man drove away, a crime for which he was sentenced in March last year.
Judge Loury expressed disbelief at the delays in Noble’s case.
“They (the police) just didn’t bother to get around to finding him when he was in jail … it seems they had the evidence quite soon – there’s a delay caused by the police,” Judge Loury said.
She said the next delay of 14 months was an “an awful long time for something that’s rather straightforward” then questioned “how on earth” it took six months for an indictment to be presented.
“That’s outrageous,” Judge Loury said.
She sentenced Noble to two-and-a-half years imprisonment, noting that he had been in prison just over two years, and would likely have received five years if he was sentenced at the same time for both robberies he committed close together in 2022.
“I consider it to be a particularly serious example of attempted armed robbery.” Judge Loury said.
Defence barrister Mr Dunkerton said Noble had been experiencing family grief at the time of the crime, as well as problems with drugs and alcohol, but had the support of his family, who were in the courtroom.
He said Noble, a former banana farm worker, had done courses related to drug use, and engaged with a men’s group.
He was given immediate parole.
Extracted in full from: https://www.cairnspost.com.au/truecrimeaustralia/police-courts-cairns/threeyearold-attempted-armed-robbery-case-finally-reaches-court/news-story/d979cb5591c378f8ba86ff3c5e4bd2fd
