MAGISTRATES COURT OF THE AUSTRALIAN CAPITAL TERRITORY
Case Title: | Police v Reid |
Citation: | [2024] ACTMC 28 |
Hearing Dates: | 14 June 2024, 13 August 2024, 27 November 2024 |
Decision Date: | 12 December 2024 |
Before: | Magistrate Temby |
Decision: | See [132] |
Catchwords: | CRIMINAL LAW – SENTENCING – Family Violence (aggravated property damage) – trespass – fail to appear after bail undertaking |
Legislation Cited: | Crimes (Sentence Administration) Act 2005, ss 6, 7, 10, 33, 34B 65, 70, 71 |
Cases Cited: | DPP v Reid (No 2) [2024] ACTSC 350 Barbaro v The Queen [2012] VSCA 288 Georgopolous v The Queen [2010] NSWCCA 246 R v Deng; Carberry v The King [2023] ACTCA 32 |
Parties: | Christopher Anthony Jones (Informant 1st series) Nigel Legh Brookes (Informant 2nd series) Caleb Marcus Boxx (Informant 3rd series) Jason Adam Reid ( Defendant) |
Representation: | Solicitors ACT Director of Public Prosecutions ACT Legal Aid ( Defendant) |
File Numbers: | CC 6268 of 2023 CC 6269 of 2023 CC 7896 of 2023 CC 8544 of 2023 |
MAGISTRATE TEMBY:
Charges
1․The Defendant was charged with two offences of aggravated damage property, one offence of trespass and one offence of failing to appear after giving a bail undertaking. He pleaded guilty to each of those charges and a sentencing hearing was substantively conducted over 2 days, on 14 June 2024 and 27 November 2024.
Maximum penalties
2․The maximum penalties for these offences are:
(a)60 penalty units and/or 3 years’ imprisonment for the aggravated damage property offences;
(b)10 penalty units for the trespass offence (Commonwealth offence); and
(c)200 penalty units and/or two years’ imprisonment for the fail to appear offence.
3․The Defendant gave his consent to the property damage charges being dealt with summarily.
Burden of proof
4․In considering the matter, I note that:
(a)I must be satisfied beyond reasonable doubt of any fact which might be relied on in aggravation of the offence for which the Defendant is charged; and
(b)I must be satisfied on the balance of probabilities of any facts which I take into account in mitigation of the offences or in mitigation of the sentence.
Nature and circumstances of offending
Agreed facts
5․The key facts from the Statement of Facts, which are agreed between the parties are as set out below.
Family violence - relationship
6․The Defendant and the complainant had been in an on-and-off relationship since September 2021 and are family members for the purposes of the Family Violence Act 2016.
CC2023/6268 – Aggravated damage property
7․On 16 June 2023, the Defendant attended the complainant’s residence to collect items for his daughter. The Defendant and the complainant had had an argument over the previous couple of days and a further argument ensued on this occasion.
8․At one point,…
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- AGLC
- Police v Reid [2024] ACTMC 28
- Case
- [2024] ACTMC 28
- Decision Date
CaseChat Overview and Summary
The primary legal issues before the court were whether the aggravating factors of family violence and the defendant's failure to appear in court justified an enhanced sentence for the charges of aggravated property damage and trespass. The court also had to consider the principles of sentencing in relation to such offences, including the need for general and specific deterrence, as well as the principles of proportionality and rehabilitation.
In its judgment, the court found that the aggravating factors present in the case warranted a harsher sentence. The history of family violence was deemed a significant aggravating factor, reflecting a pattern of behaviour that required both punishment and the prevention of further harm. The failure to appear in court further demonstrated a disregard for the legal process, which also warranted a more severe sentence. The court ultimately concluded that these factors justified an increase in the sentence beyond what might otherwise be imposed for the standalone offences. The court detailed its reasoning for the sentence it imposed, ensuring that it was proportionate to the seriousness of the offences and served the dual purposes of punishment and deterrence. The final orders were made in line with the court's determination, with specific reference to the aggravated factors and the need for appropriate punishment.
Orders
Orders of the court
See [132]
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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