Director of Public Prosecutions v Reed

The Supreme Court of the Australian Capital Territory heard sentencing submissions in relation to Nicholas Reed, who had been found guilty of arson and obstructing a territory public official. The arson offence was committed during a protest at Old Parliament House on 30 December 2021. The protest was part of a series of events that had been peacefully ongoing in the vicinity of the Aboriginal Tent Embassy. The maximum penalty for the arson offence is 1500 penalty units or 15 years' imprisonment or both. The maximum penalty for the obstructing charge is 200 penalty units or two years' imprisonment or both. The court considered the objective seriousness of the offending, the subjective circumstances of the offender, and the political context of the offending. The court found that the offending was in the mid-range of objective seriousness. The offender's subjective circumstances were also considered, including his background, motivation for the offending, and criminal history. The court noted that while the political motivation of the offending was relevant, it did not provide a basis for leniency. The court considered the need to maintain the boundary between acceptable and unacceptable public protests and the need to deter others from engaging in similar offending. The court imposed a sentence of 23 months' imprisonment, suspended after eight months, subject to a good behaviour order for two years. The court also granted liberty to relist the matter to address the transfer charge. The court invited the parties to provide further submissions on whether a protective service officer falls within the chapeau to the definition of a "territory public official" for the purposes of the obstructing charge.