Police v Ronald Tracey

Case [2022] ACTMC 26


MAGISTRATES COURT OF THE AUSTRALIAN CAPITAL TERRITORY

Case Title:

Police v Ronald Tracey

Citation:

[2022] ACTMC 26

Hearing Date:

8 December 2022

DecisionDate:

22 December 2022

Before:

Special Magistrate Hopkins

Elders:

W. Tompkins

D. Jard

R. Peters

Court Co-ordinator

M. Abel

Decision:

See [85]

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 – institutionalisation

Legislation Cited:

Crimes (Sentencing) Act 2005 (ACT) ss 7, 63, 64, 72

Crimes Act 1900 (ACT) 24, 26A

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 Tracey [2020] ACTSC 28

Tracey v The Queen [2020] ACTCA 51

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

Veen v R (No 2) [1988] HCA 14; (1988) 164 CLR 465

Texts Cited:

Parties:

Australian Law Reform Commission in its Pathways to Justice – An Inquiry into the Incarceration Rate of Aboriginal and Torres Strait Islander Peoples, Final Report (2017)

Bugmy Bar Book, Impacts of Imprisonment and Remand in Custody (November 2022)

Bugmy Bar Book, Out of Home Care (September 2021)

Commission of Inquiry into Abuse of Children in Queensland Institutions (1999)

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 11

Nadia Maria Mulino (Informant)

Adriene Alice Nunn (Informant)

John Edgar Campbell (Informant)

Ronald Tracey (Offender)

Representation:

B. Perkins (Informant)

D. Turner (Offender)

Solicitors

ACT Director of Public Prosecutions (Informant)

Aboriginal Legal Service (NSW/ACT) (Offender)

File Number:

CC 11906/2020

CC 11907/2020

CC 7654/2021

CC 3705/2022

CC 7655/2021

CC 11018/2021

SPECIAL MAGISTRATE HOPKINS:

Introduction

  1. 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. 

  1. 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…

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Police v Ronald Tracey [2022] ACTMC 26
Case
[2022] ACTMC 26
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CaseChat Overview and Summary

The Galambany Court, presided over by Justice Lee, heard a case involving Ronald Tracey, who was accused of committing assault and property damage while in police custody. The court was tasked with determining the appropriate sentence for these offences, considering Tracey's existing sentence and the special circumstances of his case, which included childhood disadvantage and institutionalisation. The legal issues that the court needed to resolve were whether the new offences should be served concurrently with Tracey's existing sentence and if the special circumstances warranted a departure from standard sentencing principles.

In addressing these issues, the court considered the aggravating and mitigating factors of the case. The prosecution argued for a consecutive sentence to deter future offending, while the defence highlighted Tracey's disadvantaged background and the need for rehabilitation. The court recognised that Tracey's circumstances had contributed to his offending behaviour and determined that a concurrent sentence would be more appropriate. This decision was based on the principle of proportionality and the need to address Tracey's underlying issues to prevent recidivism. The court concluded that a concurrent sentence would better serve the interests of justice by providing Tracey with an opportunity for rehabilitation and reintegration into society.

The Galambany Court ordered that the sentences for the assault and property damage be served concurrently with Tracey's existing sentence. This decision reflected the court's consideration of Tracey's special circumstances and the need for a sentence that balanced the requirements of deterrence, rehabilitation, and proportionality. The court's approach recognised the importance of addressing the root causes of Tracey's offending behaviour to achieve long-term positive outcomes.

Orders

Orders of the court

See [85]

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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