R v Alexander John Baudinette
[2014] ACTSC 155
•12 June 2014
SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY
Case Title: | R v ALEXANDER JOHN BAUDINETTE |
Citation: | [2014] ACTSC 155 |
Hearing Date(s): | 10 December 2013; 19 December 2013; 5 February 2014; 8 April 2014; 5 June 2014 |
DecisionDate: | 12 June 2014 |
Before: | Burns J |
Decision: | Aggregate sentence of 2 years and 5 months’ imprisonment is imposed. A non-parole period of 15 months is imposed. |
Category: | Sentence |
Catchwords: | CRIMINAL LAW AND PROCEDURE – burglary – theft – non-compliance with supervision requirements and court orders – drug addiction – significant risk of reoffending |
Parties: | R (Crown) Alexander John Baudinette (Offender) |
Representation: | Counsel: Mr M Reardon (Crown) Mr R Davies (Offender) |
| Solicitors: ACT Director of Public Prosecutions (Crown) Legal Aid ACT (Offender) | |
File Number(s): | SCC 171 of 2013 and SCC 79 of 2014 |
Alexander Baudinette, you have entered pleas of guilty to three charges of burglary and two charges of theft. In addition you ask that I take into account a list of additional offences including a charge of minor theft and a further charge of possession of property reasonably suspected of being stolen.
Each of the burglary offences carries a maximum penalty of 14 years’ imprisonment. Each of the theft offences carries a maximum penalty of 10 years’ imprisonment. Both the minor theft and the unlawful possession offences carry maximum penalties of six months’ imprisonment.
You entered pleas of guilty to the three counts of burglary and two counts of theft in the Magistrates Court on the 3rd October last year at which time you were committed to this Court for sentence.
The first burglary and theft offences occurred sometime between 3.00 pm on Sunday 22nd June 2013 and 7.00 am on Monday 24th June 2013 and occurred at a building site in Braddon. You obtained entry to a demountable shed by removing an air-conditioning unit and stole a number of items in the shed. It appears that the property stolen was not of significant value.
The second burglary and theft offences occurred sometime between 7.30 pm on the 3rd September and 9.30 am on the 4th September last year. You gained entry to the training buildings at the Ainslie Football Club by forcing open doors. You entered a number of offices and the canteen and ransacked them. Padlock mounts on four office doors were badly damaged as was the padlock mount to the door of the canteen. You stole a number of items valued in total at $5,850.00.
The third burglary occurred at about 2.10 am on the 9th September last year when you used a set of bolt cutters to cut open the lock of a storage shed at the back of the Ainslie Baseball Club. You were observed by a security officer who called police.
You were located by police near the door of the storage shed and attempted to flee. When you were apprehended you were agitated and appeared to be affected by alcohol or drugs.
After you were apprehended, police located a large bag outside the storage shed behind the baseball club containing a number of items belonging to the club. A large set of bolt cutters were found a few metres away. This was the basis of the charge of minor theft on the list of additional offences.
On the 29th August last year police executed a search warrant at your mother’s house in Ainslie where they located a blue tool box containing a receipt book from the Lions Club of Canberra, Woden Incorporated. The tool box and receipt book had been stolen from a Lions Club trailer between 3.00 pm on the 18th August and 8.00 am on the 19th August last year. This is the basis for the charge of possession of stolen property in the list of additional offences.
You have a relatively short criminal history. In 2000, you were given the benefit of non-conviction orders for offences of burglary and minor theft. In 2005 you were convicted of two offences of minor theft. In 2006 you were convicted of a further offence of minor theft.
Later that year you were convicted of offences of assault and damaging property. These charges were originally listed before me for sentence on 10 December 2013. At that time you expressed a willingness to participate in a drug rehabilitation program at Karralika.
Despite the fact that your compliance with supervision requirements under previous court orders had reportedly been unsatisfactory, and that you had been dealt with for providing a urine sample positive to illegal substances and also for receiving contraband whilst in custody in the Alexander Maconochie Centre, I determined that I would give you an opportunity to undertake Therapeutic Community Program at Karralika to address your drug addiction before I concluded sentencing.
In large measure, I gave you that opportunity because of your history as set out in a letter from your mother which was tendered at the sentence hearing. She spoke of the fact that your drug use initially commenced when you were very young after your parents broke up and a close friend died. She also spoke of the fact that in 2007 you turned your life around and obtained employment and became a responsible father to your young daughter. You completed an apprenticeship in bricklaying and became an independent contractor. Unfortunately you injured your back in 2012 and you were off work for several months. However, you did not at that time resort to drug use. You returned to work in early 2013 but you were still in discomfort and at that time you returned to the use of amphetamines. You had been in custody for 87 days prior to the 10th December 2013 and your mother spoke of the improvement in your physical and mental health in that time. She also said that you had expressed deep remorse for your offending.
Other testimonials tendered at the same time also spoke of your desire to avoid drug use and the reasons for your relapse into drug use in 2013.
I was prepared to give you an opportunity to demonstrate a commitment to dealing with your drug addiction before passing sentence. It is quite clear that there is a connection between your drug abuse and your criminal offending. You commenced the use of cannabis when you were 12. You began binge drinking when you were 13. You have used amphetamines regularly since you were 18, although it appears that you ceased using them between 2007 and 2013. I note that you commenced a limited use of heroin in September 2012 which continued for a few weeks before you went on to methadone. You also have a history of using benzodiazepines.
On 19 December last year I granted you bail commencing on the 2nd January 2014 on the basis that you were to be admitted to and complete the Karralika Therapeutic Community Program. You entered that program on 10th February this year but you were exited from the program on the 18th March for contravening program rules.
You immediately sought assessment for the Arcadia House Day Program and entered that program on the 24th March this year. Your attendance at the day program was inconsistent. While engaged in that program you reportedly injected methamphetamines on five occasions.
After bail was revoked by myself on the 6th May this year, initial drug screening on your entry to the AMC revealed the use of amphetamines, benzodiazepines and cannabis.
I was prepared to overlook your exclusion from the Karralika Therapeutic Community Program as it did not involve drug use or further offending. I could not, however, overlook your return to drug use during the period that you were supposed to be attending the Arcadia House Day Program. You have failed to demonstrate a consistent commitment to addressing your drug addiction, without which I am satisfied that you are of significant risk of reoffending.
I am satisfied that you still have reasonable prospects for rehabilitation but only if you address your drug addiction. Unfortunately, you have demonstrated unwillingness at this time to address your drug addiction whilst you were in the community.
I take into account the fact that you have spent 141 days in custody up to the 5th June this year. I also take into account that you spent approximately 60 days at Karralika during which your liberty was much curtailed. In addition, I take into account the time that you spent at the Arcadia House Day Program.
I also take into account your pleas of guilty and I will reduce by approximately 25 percent the sentences which I would otherwise have imposed.
With respect to the burglary that occurred in June last year I record a conviction and you are sentenced to 15 months’ imprisonment, commencing 15 January this year and expiring on the 14th April 2015. In setting that sentence I take into account those matters set out in the list of additional offences.
With respect to the offence of theft on the same date I record a conviction and you are sentenced to six months’ imprisonment, concurrent with the sentence for burglary.
With respect to the offence of burglary that occurred between the 3rd and the 4th September last year I record a conviction and you are sentenced to 14 months’ imprisonment commencing on the 15th August this year and expiring on the 14th October 2015.
With respect to the offence of theft on the same day you are convicted and sentenced to nine months’ imprisonment also commencing on the 15th August this year.
With respect to the offence of burglary that occurred on the 9th September last year, you are convicted and sentenced to 14 months’ imprisonment commencing on the 15th April 2015 and expiring on the 14th June 2016.
The aggregate sentence I have therefore imposed is one of two years and five months' imprisonment, commencing the 15th January 2014 and expiring the 14th June 2016. I set a non-parole period of 15 months commencing the 15th January this year and expiring on the 14th April 2015.
| I certify that the preceding twenty-eight [28] numbered paragraphs are a true copy of the Reasons for Sentence of his Honour Justice Burns. Associate: Date: 3 July 2014 |
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