R v A
[2015] ACTSC 228
•30 July 2015
SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY
Case Title: | R v A |
Citation: | [2015] ACTSC 228 |
Hearing Date: | 30 July 2015 |
DecisionDate: | 30 July 2015 |
Before: | Murrell CJ |
Decision: | Re-sentenced to 12 months’ imprisonment, suspended upon entering into a good behaviour order. |
Category: | Sentence |
Catchwords: | CRIMINAL LAW – Sentencing – breach of good behaviour order – re-sentencing – young person – rehabilitation |
Legislation Cited: | Crimes (Sentence Administration) Act 2005 (ACT) s 110 Crimes (Sentencing) Act 2005 (ACT) s 133G |
Parties: | The Queen (Crown) A (Offender) |
Representation: | Counsel Mr D SahuKhan (Crown) Mr H Jorgensen (Offender) |
| Solicitors ACT Director of Public Prosecutions (Crown) Legal Aid ACT (Offender) | |
File Number: | SCC 185 of 2013 |
MURRELL CJ:
Background
The offender is before the Court for breach of a good behaviour order.
On 7 February 2014, I sentenced him for three matters:
(a)For the offence of attempt aggravated robbery committed on 18 August 2013, he was sentenced to 12 months’ imprisonment, from 20 December 2013 to 19 December 2014.
(b)For the offence of theft committed on 21 August 2013, he was sentenced to six months’ imprisonment, from 20 June 2014 to 19 December 2014.
(c)For the offence of attempt aggravated robbery committed on 21 August 2013, he was sentenced to 18 months’ imprisonment, from 20 June 2014 to 19 December 2015.
The sentences were to be served by way of full-time detention from 20 December 2013 to 4 December 2014, and the balance of the sentence (12 months and two weeks) was suspended upon the offender entering into a good behaviour order for a period of 12 months and two weeks. The good behaviour order was subject to the further condition that the offender was to accept the supervision of Youth Justice and comply with all their reasonable requests.
The offender was released in December 2014. At that time, there was an outstanding sentence of approximately 12 months in relation to the attempted aggravated robbery on 21 August 2013.
Breaches of Good Behaviour Order
The offender breached the good behaviour order soon after his release. The breaches were:
(a)Failure to reside at the required location.
(b)Frequent absences from that location.
(c)Failure to report to his supervisor.
(d)Failure to attend an anger management program, as directed.
(e)Failure to participate in private tutoring, as arranged.
(f)Use of cannabis.
(g)Failure to submit to drug testing.
(h)There were reports of misconduct in the community.
(i)On 15 January 2015, he committed the offence of assault occasioning actual bodily harm.
(j)On 6 May 2015, he committed a further offence of aggravated burglary.
The Childrens Court dealt with the offences committed on 15 January 2015 and 6 May 2015. For the offence of assault occasioning actual bodily harm, the Childrens Court imposed nine months' imprisonment from 7 May 2015, the date when the offender was returned to custody. For the offence of aggravated burglary, the Childrens Court imposed a concurrent sentence of 15 months’ imprisonment. The sentence for aggravated robbery was to be suspended from 6 February 2016, upon the offender entering into a good behaviour order for a period of 18 months, until 5 August 2017.
The breaches of the good behaviour order imposed on 7 February 2014 are admitted. Pursuant to s 110 of the Crimes (Sentence Administration) Act 2005 (ACT), I must cancel the good behaviour order and either impose the suspended sentence or re-sentence the offender.
Re-Sentencing
I propose to re-sentence the offender for the attempted aggravated robbery offence committed on 21 August 2013. Given the offender’s youth, the dominant sentencing purpose is rehabilitation, and that is best addressed by a re-sentence, tailored to the offender’s particular situation.
I note the requirement that, in the case of young persons, they are to be imprisoned for the minimum period that is possible: s 133G of the Crimes (Sentencing) Act 2005 (ACT).
The sentencing purposes of rehabilitation and specific deterrence will be served if the offender is re-sentenced to 12 months' imprisonment. However, the sentence will be suspended from today, 30 July 2015, upon the offender entering into a good behaviour order to be of good behaviour until 5 August 2017. The good behaviour order will be subject to the condition that, from the date of his release from custody, the offender accept the supervision of Youth Justice and comply with all their directions.
| I certify that the preceding ten [10] numbered paragraphs are a true copy of the Reasons for Sentence of her Honour Chief Justice Murrell. Associate: Date: 11 August 2015 |
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