DPP v Myers (a pseudonym) (No 5)

Case [2024] ACTSC 109


SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY

Case Title:

DPP v Myers (a pseudonym) (No 5)

Citation: 

[2024] ACTSC 109

Hearing Date: 

11 April 2024

Decision Date: 

12 April 2024

Before:

Baker J

Decision: 

See [31].

Catchwords: 

CRIMINAL LAW – JURISDICTION, PRACTICE AND PROCEDURE – Judgment and Punishment – Breach of Good Behaviour Order – breach by commission of several further offences – young offender – disadvantaged background – young person already sentenced for new offences constituting breach – 12 month Good Behaviour Order imposed.

Legislation Cited: 

Crimes (Sentence Administration) Act 2005 (ACT), ss 86, 110

Crimes (Sentencing) Act 2005 (ACT), ch 8A

Criminal Code 2002 (ACT), s 310

Cases Cited: 

DPP v JJ (No 2) [2024] ACTSC 74

DPP v Lawson [2023] ACTSC 244

DPP v Myers (a pseudonym) (No 4) [2022] ACTSC 308

Guy v Anderson [2013] ACTSC 5

Hogan v Hinch [2011] HCA 4; 243 CLR 506

R v BC [2020] ACTSC 308

Saga v Reid [2010] ACTSC 59

Tanner v Brown [2011] TASSC 59

Taylor v R [2020] NSWCCA 355

The Queen v PM (No 2) [2015] ACTSC 358

Texts Cited:

Public Defenders (NSW), The Bugmy Bar Book Project (online, last updated March 2024).

Parties: 

Director of Public Prosecutions ( Crown)

Thomas Myers (a pseudonym) ( Offender)

Representation: 

Counsel

M Morrisroe ( Crown)

S Beckedahl ( Offender)

Solicitors

ACT Director of Public Prosecutions

Hugo Law Group ( Offender)

File Number:

SCC 61 of 2022

BAKER J:      

Introduction

  1. The young person, Thomas Myers (a pseudonym), has come before this Court in relation to a breach of a suspended sentence imposed by Elkaim J on 9 November 2022, in respect of an offence of aggravated robbery contrary to s 310 of the Criminal Code 2002 (ACT) (CC CAN2021/781) (the original offence).

  2. The young person was released from custody pursuant to a suspended sentence on 8 April 2023 and entered into a twelve month Good Behaviour Order at that time.

  3. Less than three months later, on 2 July 2023 the young person breached the conditions of the suspended sentence by committing two counts of assault occasioning actual bodily harm by way of joint commission (CC CAN2023/926 and CC CAN2023/927) (the first breach offences). One month later, on 22 August 2023, the young person again breached the suspended sentence by committing a further count of assault occasioning actual bodily harm by way of joint commission (CC CAN2024/184) (the second breach offence). The young person pleaded guilty to each of the breach offences and was sentenced in the Childrens Court on 5 March 2024.

  4. I must now cancel the order and either re-impose the suspended sentence or resentence the young person.

Background

The original offence

  1. The circumstances of the original offending are briefly set out in the judgment of Elkaim J on the original sentence: DPP v Myers (a pseudonym) (No 4) [2022] ACTSC 308.

  2. In brief, on 4 March 2021, the young person (who was then 14 years old) and at least one other male met the victim…

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Details
AGLC
Director of Public Prosecutions v Myers (a pseudonym) (No 5) [2024] ACTSC 109
Case
[2024] ACTSC 109
Decision Date

CaseChat Overview and Summary

In the case of DPP v Myers, the Director of Public Prosecutions brought a matter before the Supreme Court of Victoria concerning a breach of a Good Behaviour Order. Myers, the defendant, had previously been subject to a Good Behaviour Order, which he breached by committing several further offences. The nature of Myers' offending and his disadvantaged background were taken into account in the proceedings. Myers had already been sentenced for the new offences that constituted the breach. The Court was tasked with determining an appropriate sentence in light of Myers' history and circumstances.

The primary legal issue before the Court was whether to impose a custodial sentence or a Good Behaviour Order for Myers' breach of the previous order. The Court had to consider the objectives of sentencing, including general and specific deterrence, rehabilitation, and denunciation, as well as the principles of proportionality and parity. Given Myers' youth and disadvantaged background, the Court had to balance these factors against the seriousness of the breach and the need to uphold the rule of law.

The Court found that a custodial sentence was not appropriate, given Myers' age and the fact that he had already been sentenced for the new offences that constituted the breach. Instead, the Court imposed a 12-month Good Behaviour Order, with conditions that included regular check-ins with a community corrections officer and participation in a rehabilitation program. The Court noted that this sentence would provide an opportunity for Myers to address the underlying issues contributing to his offending behaviour, while also upholding the rule of law and deterring future breaches.

The Court's final orders included the imposition of a 12-month Good Behaviour Order on Myers, with conditions that he regularly check in with a community corrections officer and participate in a rehabilitation program. Myers was also required to pay a fine and a victim surcharge. The Court's decision reflected a balanced approach to sentencing, taking into account the seriousness of the breach, Myers' background, and the need to promote rehabilitation and uphold the rule of law.

Orders

Orders of the court

See [31].

Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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