Jeffery Evan Thomas Jervis v Tian-Jarrah Denniss
[2022] ACTMC 20
•23 September 2022
MAGISTRATES COURT OF THE AUSTRALIAN CAPITAL TERRITORY
Case Title: | Jeffery Evan Thomas Jervis v Tian-Jarrah Denniss |
Citation: | [2022] ACTMC 20 |
Hearing Date: | 30 June 2022 |
DecisionDate: | 23 September 2022 |
Before: | Special Magistrate Hopkins Elders: R. Longford Court Co-ordinator M. Abel |
Decision: | See [65] |
Catchwords: | CRIMINAL LAW – JURISDICTION, PRACTICE AND PROCEDURE – Galambany Court – Circle Sentencing – assault – damage property – offences committed while in custody – direction to serve concurrently with existing sentence – special circumstances apply – childhood disadvantage – mental impairment |
Legislation Cited: | Crimes (Sentencing) Act 2005 (ACT) ss 7, 63, 64, 72 Crimes Act 1900 (ACT) 24, 26, 26A, 116 Criminal Code 2002 (ACT) s 403 |
Cases Cited: | Biddle v Gatherer [2021] ACTSC 236 Bugmy v The Queen [2013] HCA 37; 249 CLR 571 Hogan v Hinch [2011] HCA; 243 CLR 506 Horan v O’Brien [2021] ACTSC 323 Owen Patterson v Wendy Brookman [2021] ACTMC 16 Postiglione v R [1997] HCA 26; (1997) 189 CLR 295 R v BS-X [2021] ACTSC 160 R v Denniss [2018] ACTSC 239 R v Denniss [2019] ACTSC 283 R v Denniss [2021] ACTSC 15 R v Rappel [2019] ACTCA 11 R v Verdins [2017] VSCA 102 R v Winters [2022] ACTSC 42 Tabbah v The Queen [2019] NSWCCA 324 |
Texts Cited: Parties: | Australian Institute of Family Studies, The Long-term Effects of Child Sexual Abuse (CFCA Paper No 11, 2013) Bugmy Bar Book, Child Sexual Abuse (November 2019) Edwige, V and Gray, P, Significance of Culture to Wellbeing, Healing and Rehabilitation (Report commissioned by the Bugmy Bar Book Committee, 2021) Royal Commission into Institutional Responses to Child Sexual Abuse, Final Report (2017) vol 3 Jeffery Evan Thomas Jervis (Informant) Tian-Jarrah Denniss (Defendant) |
Representation: | K Sheridan (Informant) B Rutzou (Defendant) |
| Solicitors ACT Director of Public Prosecutions (Informant) Legal Aid ACT (Defendant) | |
File Number: | CC 10407/2020; 3413/2020; 6079/2020; 6115/2020; 6771-6772/2020; 4472/2021; 5943/2021; 6532/2021; 6561/2021; 6669-6670/2021; 7624/2021; 924/2021; 9809/2021. |
SPECIAL MAGISTRATE HOPKINS:
This is a sentencing decision of the Galambany Court. The Galambany Court is a specialised circle sentencing court, within the ACT Magistrates Court, established to provide a culturally relevant and restorative sentencing process for Aboriginal and Torres Strait Islander people who have pleaded guilty to an offence. In the language of the Ngunnawal people, Galambany means ‘we all, including you’. The capacity of the Galambany Court to achieve its objectives depends upon the dedication, commitment and wisdom of Elders, who sit and exercise First Nations authority in the Court, with the permission of Ngunnawal and Ngambri Traditional Owners of the land, upon which the Court sits.
Court proceedings take place in a circle. Words are spoken, listened to, and heard in the Circle. Though the law applied to those who are sentenced in the Circle is the same as in a standard courtroom, the process is different. This process enhances understanding. I have explained the process in detail in the decision of Owen Patterson v Wendy Brookman [2021] ACTMC 16.
The delivery of this decision is also different. It is written to be spoken directly to you, TJ.
I acknowledge you as a proud Wiradjuri man. You grew up within an Aboriginal community and kinship context and your connections remain important to you. This was clear from the way you engaged with and expressed your love to the Elders during your sentencing and asked after those Elders who were not able to be present. It was clear from the way you spoke about your ongoing weekly telephone contact with Aunty Tanya Keed, whom you worked with when you were imprisoned at the Alexander Maconochie Centre (AMC) prior to you being transferred to New South Wales (NSW).
You are currently serving sentences of imprisonment imposed upon you by Mossop J in the ACT Supreme Court in R v Denniss [2018] ACTSC 239 on 20 August 2018, in R v Denniss [2019] ACTSC 283 on 16 October 2019 and in R v Denniss [2021] ACTSC 15 on 3 February 2021 for two offences of aggravated robbery, three offences of arson and one offence of being unlawfully at large. After being transferred to NSW, you have served and continue to serve your sentence at various correctional facilities, including the Long Bay Mental Health Correctional Facility, NSW (Long Bay Hospital).
In total, you were sentenced to 8 years and 7 months imprisonment to commence on 3 August 2018 and conclude on 2 March 2027. On 3 February 2021 a non-parole period of 5 years and 4 months was set, commencing on 3 August 2018, and concluding on 2 December 2023.
On 9 February 2022, you were sentenced in the ACT Magistrates Court to two months imprisonment for offences of assaulting a frontline community service provider and damaging property whilst in lawful custody. These sentences commence on 30 November 2023 and conclude on 29 January 2024. They are concurrent with the sentences imposed upon you in the Supreme Court.
In combination, under these sentences, your earliest possible release on parole is 29 January 2024. This does not take into account the sentences to be imposed upon you today.
You are now to be sentenced for a total of fifteen offences, all committed whilst you were in lawful custody at the AMC:
a) seven offences of common assault, contrary to s 26 Crimes Act 1900 (ACT), each with a maximum penalty of 2 years imprisonment;
b) three offences of assaulting a frontline community service provider, contrary to s 26A Crimes Act 1900 (ACT), each with a maximum penalty of 2 years imprisonment;
c) one offence of assault occasioning actual bodily harm, contrary to s 24 Crimes Act 1900 (ACT), with a maximum penalty of 5 years imprisonment;
d) three offences of damaging property not exceeding $5000, contrary to s 116(3) Crimes Act 1900 (ACT), with a maximum penalty of 2 years imprisonment; and
e) one offence of damaging property, contrary to s 403 Criminal Code 2002 (ACT), with a maximum penalty of 10 years imprisonment.
10. Having pleaded guilty, you came before the Galambany Court on 30 June 2022 to participate in a sentencing conversation with the Elders. You were transported from Long Bay Hospital. The sentence could not be delivered on the day due to its complexity and the fact that you needed to return to Long Bay Hospital shortly after the lawyers made their submissions.
11. Sentencing you for committing these offences presents significant challenges. Because all of your offences were committed whilst you were in lawful custody, there is a presumption that the sentence imposed on you today will be served consecutively with an existing sentence: s 72 Crimes (Sentencing) Act 2005 (ACT). That means that the sentence would be added on top of your existing sentence, and would commence on 2 March 2027, likely extending well into 2028.
12. There is a further complication. A court cannot impose a non-parole period for offences committed whilst a person is in lawful custody: s 64 Crimes (Sentencing) Act 2005 (ACT). Because of this, if the sentence were to be imposed consecutively, this would mean that your earliest release would be at some time in 2028, over four years after your current non-parole period ends.
13. The court can direct that you serve the sentences concurrently with your existing sentence. That means that the sentence would be served at the same time. However, because many of your offences involve causing harm to correctional officers, such a direction can only be given where there are special circumstances: s 72(4) Crimes (Sentencing) Act 2005 (ACT).
14. Your lawyer urged the court to find special circumstances and direct that the sentences be imposed to run concurrently with your existing sentence. This would, in effect, amount to a substantial additional non-parole period. But it would still enable you to work towards parole and receive supervision and support in the community on release if parole was granted. That you receive such supervision and support upon release is very much in your interests and the interest of the community.
15. Having considered all of your circumstances, the prosecutor did not ultimately contend that you should be sentenced in a way that would mean there was no prospect of release until 2028.
16. For reasons that I will later explain, I do consider that special circumstances apply and that it is appropriate for your sentence to be imposed so that it is concurrent with your existing sentence. The overall sentence I will impose is 16 months imprisonment commencing on 3 December 2023 and ending on 2 April 2025. This will mean that your earliest possible release date on parole will be 2 April 2025. If you are granted parole on that date, there will be a period of parole supervision and support of just under two years. This is something for you to work towards. I do not expect that you will be granted parole unless you can address your mental health challenges and cease committing offences whilst in custody.
The Offences
17. The offences you are to be sentenced for span a period of approximately a year and a half between November 2019 and May 2021 prior to you being transferred to NSW, to enable you to receive more intensive mental health care and case management.
18. All offences were committed when you were housed in the Crisis Support Unit (CSU) at the AMC due to your mental health condition. All offences involved you reacting impulsively and violently, in circumstances in which you perceived yourself to be unfairly treated, assaulting correctional officers or damaging property within your reach.
19. As you said in your conversation with the Elders, correctional officers at the AMC are there to do a job. It is a challenging job. They did not deserve to be subjected to violence. The harm that your actions have caused to people and to property must be recognised. I will briefly refer to the facts of each offence.
20. On 8 November 2019, whilst you were out of your cell in the CSU, you aggressively and forcefully pushed a correctional officer in the chest and had to be restrained and carried to your cell. Once in the cell you spat on the face of that correctional officer. These actions constituted two charges of common assault (CC6771-2/2020).
21. On 25 December 2019, you broke a cell window with a wooden broom handle, with the replacement value being $150 (CC10407/2020).
22. On 12 March 2020, following a meeting with NSW Mental Health you were escorted back to your cell. You began to threaten the correctional officers escorting you, including by making a threat to head-butt one of them. You then assaulted one of the officers by kneeing him in the testicles (CC3413/2020). You told him that you hoped he would not be able to have kids.
23. On 19 March 2020, you were out of your cell for a professional visit with Aunty Tanya Keed. You requested a milkshake and cookies. You were told that they were not available. You attempted to slam the door and your visit was cancelled. Three correctional officers entered the room. You picked up a plastic chair and lunged at one of the officers, striking them in the chest. There was a struggle, and you punched the same officer twice in the head with a closed fist before you were restrained. The force of the punches caused swelling around the officer’s left eye. This was the offence of assault occasioning actual bodily harm (CC6079/2020).
24. On 6 May 2020, you were in your cell in the CSU. You spat through the cell door, striking a correctional officer on their left cheek. The officer was understandably shocked and horrified (CC6115/2020).
25. On 13 July 2020, you were in your cell in the CSU when you asked to be given a TV remote control that you saw in the possession of a correctional officer. After being told it was not for you, you spat through a small hatch in the cell, striking the forearm and shirt of that officer (CC924/2021).
26. On 9 January 2021, whilst in the CSU, you requested cigarettes and pens. You were denied and you threatened self-harm. You were taken to the Health Unit. On your return you refused to enter your cell and became abusive. You then forcefully kicked an officer in the groin before being restrained and returned to your cell (CC5943/2021).
27. On 27 January 2021, you refused a direction to return to your cell and snatched a phone from a correctional officer before being restrained. You kicked one of the officers trying to restrain you, striking them in the chin and causing them to bite their tongue (CC7624/2021).
28. On 16 March 2021 you refused a direction to return to your cell in the CSU. You then damaged a drawer in the unit and used the wood to smash viewing windows in doors of four cells to a value of $880. You then used a metal rail from the damaged drawer to threaten a correctional officer, stating ‘I’ll smash you cunt’. These actions constitute a charge of damaging property (CC4472/2021) and common assault (CC9809/2021).
29. On 15 April 2021 you were in the CSU. You insisted that you be moved to the Management Unit. When told you would not be moved, you repeatedly kicked the cell toilet, causing significant damage to the value of $6356 (CC6561/2021). You then used broken plastic from the toilet to threaten self-harm.
30. On 16 May 2021 you asked a correctional officer to light a cigarette for you. This request was denied and you verbally abused the officer and refused to close the hatch to your cell. You then attempted to hang yourself using a shirt. Two correctional officers entered your cell to prevent you harming yourself. They untied your shirt. You pushed one of them hard to their shoulder (CC6670/2021) and then punched another in the forehead (CC6670/2021).
31. Finally, on 29 May 2021, you were in the CSU. You made a request for paper to roll a cigarette, which was denied. You went into the kitchen, kicked and then tore off a metal sheet from a sink. You dislodged a metal rod and then caused further damage to a total value of $2630. On this occasion, it took 30 minutes for you to calm down to the point where you could be escorted back to your cell (CC6532/2021).
Pleas of Guilty
32. Although the timing of your guilty pleas varied, they were generally entered at an early opportunity, sparing the time and resources of a contested hearing. Importantly, this meant that the victims of your offences were not required to give evidence. I consider it appropriate that you receive a 25% reduction on the sentence that would otherwise have been imposed for each offence. I have applied this reduction to the sentence imposed for each offence.
33. Your pleas of guilty are also an indication of your remorse and acceptance of responsibility.
Subjective Circumstances
34. The court had the benefit of receiving a Forensic Psychological Report as well as pre-sentence reports which set out the profoundly traumatic experiences you faced as child and their ongoing consequences. No child should have to face such experiences. It is clear that these experiences have shaped you and that you suffer greatly under their weight. And, yet, it is important to recognise that you are a survivor.
35. I must refer to some of the adverse and formative experiences you faced as a child and young person because they explain why you react violently when you are frustrated, and substantially reduce your moral culpability for the inability to control that impulse: Bugmy v The Queen [2013] HCA 37 [42]; 249 CLR 571 (Bugmy v The Queen).
36. As a young child you were subjected to violence and sexual abuse at the hands of your stepfather. You believe that your mother allowed this to happen. A ‘robust body of research now clearly demonstrates the link between child sexual abuse and a spectrum of adverse mental health, social, sexual, interpersonal and behavioural as well as physical health consequences’: Australian Institute of Family Studies, The Long-term Effects of Child Sexual Abuse (CFCA Paper No 11, 2013) 23 cited in Bugmy Bar Book, Child Sexual Abuse (November 2019) 1.
37. You did not know your father and met him for the first time whilst in custody in New South Wales. You lived with your grandmother during your teenage years and she was a great support to you. However, you had behavioural challenges at school, engaged in illicit drug use from an early age, [redacted for legal reasons]
38. In your own words, you have a problem with authority, seeing your stepfather and those that [redacted for legal reasons] as having had authority over you and as abusing that authority. Your relationship, attitude and reactions to those who have authority over you is an important background to your offending. [redacted for legal reasons].
39. Against this background of trauma and drug use, you have developed significant and ongoing mental illness. According to Camille Falkiner, the registered psychologist who prepared your forensic psychological report, you have been diagnosed with schizoaffective disorder, borderline personality disorder, antisocial personality disorder and attention deficit hyperactivity disorder. She notes that when you experience hallucinations in the course of your psychotic illness, they will often take the form of your past abuser speaking to you, causing significant distress. You have also been diagnosed with stimulant use disorder, cannabis use disorder and nicotine use disorder.
40. Ms Falkiner also notes that you have a significant history of self-harm and suicide attempts. These take to the form of cutting, self-strangulation and head-butting. It appears that both as a child and then as an adult you have experienced head trauma that may have impacted your cognitive abilities. The extent of this impact has not been subject to full assessment.
41. In March 2020, you engaged in what is described as ‘high lethality suicide behaviour’ in the form of self-strangulation. You were transferred to hospital where you required intubation. You then commenced anti-depressant medication. Ms Falkiner reports that in the months following, you were repeatedly trialled on a long list of medications in an attempt to optimise the treatment of your mental illness, with limited success, until you were transferred to NSW in July 2021. The updated pre-sentence report indicates that as at 30 June 2022, you were being medicated for Schizophrenia, ADHD, mood and anxiety, as well as for opioid dependence. You had been referred to a forensic psychiatrist for assessment due to the ongoing challenges with your mental health and behaviour in custody.
42. In her report, Ms Falkiner expressed the view that your mental illness did not impair your ability to appreciate the wrongfulness of your actions or obscure your intent in relation to the offences you committed. She referred to your negative attitudes towards correctional officers as being supportive of the violence you engaged in. However, she did express the opinion that your mental illness contributed to your offending through impulsivity, disinhibition, and mood variability, limiting your capacity to make calm and rational choices and think about the consequences of your actions.
43. This is important. What is clear is that whilst you are responsible for your offending and your attitudes and behaviours towards correctional officers must change, your mental illness, arising out of a history of childhood trauma, has played a significant part. This must be taken into account in considering your moral culpability. It is also relevant to how the various purposes of punishment can be met in your case. I will return to this later.
44. Ms Falkiner also expressed the opinion that a sentence of imprisonment would weigh more heavily on you than a person in normal health, noting your history of suicide and self-harm in custodial environments.
45. During your conversation with the Elders, you were asked about what was happening at the time of your offending. You said you were in a ‘dark spot. Like real dark spot’. You said that when you felt like you were unfairly treated you ‘would just go from zero to 100’. You said you used to ‘peak out’ and ‘stay up high for ages’. You said you then couldn’t remember what you had done. You said that you are not happy with the person you were. In your words: ‘I was an evil person. I used to act out and I used to punch on with officers for no reason’.
46. You said that you are now calmer than you used to be and that you can control yourself a lot better and calm down more quickly than you used to when you get upset. Aunty Michele asked you how this change had come about. In response, you said ‘[j]ust the medication I’m on. My thoughts, my actions, my feelings. I’m a lot more in touch with my feelings these days’. You explained that you are ‘happy with the meds’ you are on. And that you have not heard voices in about 10 months. This makes you feel ‘really good’ and enables you to think more clearly.
47. Thinking towards the future, you spoke about the importance of painting, which I understand to be an expression of your identity, culture and experience. You also spoke about your desire to attend a structured culturally connected and engaged rehabilitation program on release, such as the Ngunnawal Bush Healing Farm. I hope that such a program is available to you when that time comes.
48. Strengthening your connection to community and culture in this way may well be central to your long-term healing and rehabilitation: see Vanessa Edwige and Dr Paul Gray, Significance of Culture to Wellbeing, Healing and Rehabilitation (Report commissioned by the Bugmy Bar Book Committee, 2021); R v BS-X [81]-[82].
Consideration
49. In sentencing you today, I am required to consider the purposes of sentencing set out in section 7 of the Crimes (Sentencing) Act 2005 (ACT).
50. You must be adequately punished in a way that is just and appropriate. This requires consideration of the nature of your offending, the harm you caused and your moral culpability, which is reduced by reason of your history of childhood disadvantage and your mental illness: Bugmy v The Queen [44]; R v Verdins [2017] VSCA 102 [32] (R v Verdins); DPP(Cth) v De La Rosa [2010] NSWCCA 194 [177]; 243 FLR 28 (R v De La Rosa);
51. Your sentence must deter you and others from assaulting correctional officers and damaging property. Deterrence is important in relation to offences committed whilst in lawful custody: R v Rappel [2019] ACTCA 11 at [24] (R v Rappel). That said, the challenges you have faced and will likely continue to face with mental illness, limits the extent to which specific deterrence can be achieved by the imposition of further imprisonment. Further, I agree with your lawyer’s submission that your mental illness, and disadvantaged background, significantly moderates the extent to which you can be considered an appropriate vehicle for general deterrence. In plain speech, that means your experience as a child and mental condition reduces the extent to which an example can be made of you to deter others from committing offences in lawful custody: R v Verdins [32]; R v De La Rosa [177].
52. The sentence must recognise the harm you have caused, particularly to correctional officers who have a challenging job. They must be protected.
53. Your conduct in assaulting correctional officers and damaging property must also be denounced. It is important that you understand that I am not denouncing you as a person. You are responsible for your offending, but it does not define you.
54. Finally, the sentence imposed must be designed to promote your rehabilitation and protect the community. Though these purposes can conflict, ultimately, as stated by French CJ in Hogan v Hinch [2011] HCA; 243 CLR 506 at [32] ‘Rehabilitation, if it can be achieved, is likely to be the most durable guarantor of community protection and is clearly in the public interest’.
55. In your case, protection of the community both inside and outside of correctional facilities will likely hinge on the extent to which your mental health can be stabilised, enabling you to address your attitudes and behaviours. This is why it is in the interests of your rehabilitation and protection of the community that you be released, when the time comes, with the supervision and support of parole.
56. Finally, it is important to recognise that a sentence of imprisonment will weigh more heavily on you than a person in normal health: R v Verdins [32]; R v De La Rosa [177].
Legislation Concerning Offences in Lawful Custody
57. All of your offences were committed whilst you were in lawful custody. I have been assisted in considering the operation of statutory provisions that apply to such offending by a series of recent Supreme Court and Court of Appeal cases, including R v Rappel; Biddle v Gatherer [2021] ACTSC 236; 17 FLR 328; Horan v O’Brien [2021] ACTSC 323 (Horan v O’Brien) and R v Winters [2022] ACTSC 42.
58. Because you committed the offence in lawful custody, s 64(2) of the Crimes (Sentencing) Act 2005 (ACT) prevents me from imposing a non-parole period for your sentence.
59. Section 72 of the Crimes (Sentencing) Act 2005 (ACT) further provides that, unless I give a direction to the contrary, the sentence imposed must be served consecutively. This means that, unless I direct otherwise, the sentence I impose must be served at the end of the sentence you are currently serving. I cannot give this direction unless I find that ‘special circumstances apply’: s 72(4).
60. The purpose of s 72(4) is to ensure that ordinarily no leniency is to be afforded to those who offend while in custody: R v Rappel [24]; The Queen v Potts [2020] ACTCA 12 [128] (The Queen v Potts).
61. However, ‘the harshness of an aggregate sentence considered by reference to the totality principle may amount to special circumstances for the purposes of s 72(4)’: The Queen v Potts [128-129] (Rangiah J with Elkaim and Mossop JJ agreeing [2], [29]); Tabbah v The Queen [2019] NSWCCA 324 [137], [140].
62. The totality principle requires me to ensure that the total sentence imposed on you reflects the overall criminality of your offending. This is important because the overall sentence must ‘hold out a proper measure of hope for, and encouragement to, rehabilitation and reform’ for you as a young man: Postiglione v R [1997] HCA 26; (1997) 189 CLR 295 at 341.
63. As I said earlier in my reasons, if I were to impose a consecutive sentence, this would mean that your earliest release would be at some time in 2028, over four years after your current non-parole period ends. This would be a crushing sentence. It would exclude rehabilitation as a sentencing purpose and it would remove the potential for support and protection of the community provided by supervised release: Horan v O’Brien [23].
64. TJ, in your case I do find that special circumstances apply based upon considerations of totality, but also upon consideration of your traumatic experiences as a child and young person, and your mental impairment. Together these circumstances lead to a conclusion that the appropriate sentence is one that runs concurrent with your existing sentence, but one that will mean that you will have to spend just over an additional 14 months in prison before you are eligible for parole. Under the sentence I will impose, your earliest possible release date will be 2 April 2025.
Orders
65.The sentences I impose are as follows:
a)On the charge of common assault (CC6771/2020) you are convicted and sentenced to imprisonment for 3 months commencing on 3 December 2023 and ending on 2 March 2024.
b)On the charge of common assault (CC6772/2020) you are convicted and sentenced to imprisonment for 3 months commencing on 3 December 2023 and ending on 2 March 2024.
c)On the charge of damaging property (CC10407/2020) you are convicted and sentenced to imprisonment for 2 months commencing on 17 January 2024 and ending on 16 March 2024.
d)On the charge of common assault (CC3413/2020) you are convicted and sentenced to imprisonment for 2 months commencing on 17 February 2024 and ending on 16 April 2024.
e)On the charge of assault occasioning actual bodily harm (CC6079/2020) you are convicted and sentenced to imprisonment for 5 months commencing on 3 January 2024 and ending on 2 June 2024.
f)On the charge of common assault (CC6115/2020) you are convicted and sentenced to imprisonment for 2 months commencing on 3 May 2024 and ending on 2 July 2024.
g)On the charge of common assault (CC924/2021) you are convicted and sentenced to imprisonment for 2 months commencing on 3 June 2024 and ending on 2 August 2024.
h)On the charge of common assault (CC5943/2021) you are convicted and sentenced to imprisonment for 3 months commencing on 17 June 2024 and ending on 16 September 2024.
i)On the charge of assaulting a frontline community service provider (CC7624/2021) you are convicted and sentenced to imprisonment for 3 months commencing on 17 July 2024 and ending on 16 October 2024.
j)On the charge of common assault (CC9809/2021) you are convicted and sentenced to imprisonment for 2 months commencing on 3 September 2024 and ending on 2 November 2024.
k)On the charge of damaging property (CC4472/2021) you are convicted and sentenced to imprisonment for 2 months commencing on 3 October 2024 and ending on 2 December 2024.
l)On the charge of damaging property (CC6561/2021) you are convicted and sentenced to imprisonment for 3 months commencing on 17 October 2024 and ending on 16 January 2025.
m)On the charge of assaulting a frontline community service provider (CC6669/2021) you are convicted and sentenced to imprisonment for 2 months commencing on 17 December 2024 and ending on 16 February 2025.
n)On the charge of assaulting a frontline community service provider (CC6670/2021) you are convicted and sentenced to imprisonment for 3 months commencing on 17 December 2024 and ending on 16 March 2025.
o)On the charge of damaging property (CC6532/2021) you are convicted and sentenced to imprisonment for 2 months commencing on 3 February 2025 and ending on 2 April 2025.
p)That is a total effective sentence of 16 months commencing on 3 December 2023 and ending on 2 April 2025 to be served as full time detention.
| I certify that the preceding [65] numbered paragraphs are a true copy of the Reasons for Decision of his Honour Special Magistrate Hopkins sitting with the Elders of the Galambany Court. Associate: A. Gallagher Date: 23 September 2022 |
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