R v AM
[2016] ACTSC 92
•3 May 2016
SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY
Case Title: | R v AM |
Citation: | [2016] ACTSC 92 |
Hearing Date(s): | 3 May 2016 |
DecisionDate: | 3 May 2016 |
Before: | Murrell CJ |
Decision: | Sentenced to 18 months’ imprisonment, suspended for 18 months. Good behaviour order imposed for 18 months. |
Catchwords: | CRIMINAL LAW – JURISDICTION, PRACTICE AND PROCEDURE – Judgment and Punishment – Sentence – re‑sentence – breach of good behaviour order – suspended sentence |
Legislation Cited: | Crimes (Sentencing) Act 2005 (ACT) s 12 |
Cases Cited | R v AM (Unreported, Supreme Court of the Australian Capital Territory, Murrell CJ, 28 March 2014) |
Parties: | The Queen (Crown) AM (Defendant) |
Representation: | Counsel Ms S Gul (Crown) Mr Kukulies-Smith (Defendant) |
| Solicitors ACT Director of Public Prosecutions (Crown) Kamy Saeedi Law (Defendant) | |
File Number(s): | SCC 184 of 2013 |
MURRELL CJ:
The offender is before the court for breaching a good behaviour order imposed in relation to sentences that were partially suspended.
Procedural history
The sentences were imposed on 28 March 2014. The length and concurrency of the individual sentences is set out at [23] of my decision of that date: R v AM (Unreported, Supreme Court of the Australian Capital Territory, Murrell CJ, 28 March 2014). The total sentence was three years and three months’ imprisonment. Ten months was to be served by way of full-time imprisonment and the balance suspended from 26 June 2014.
The offender was released and attended the Adult Sex Offender Program. There was generally poor compliance with his good behaviour order between September 2014 and September 2015, particularly in relation to his engagement with the Adult Sex Offender Program.
Breach proceedings were commenced. The matter came before me on 17 December 2015, when breach was conceded. The matter was stood over to February and the offender was granted conditional bail. The matter was then further adjourned to today to enable further assessment of the offender's performance under supervision.
The offender has been generally compliant with his supervision requirements, particularly in relation to the Adult Sex Offender Program. His attitude to that Program is now more positive, although there is still some ambivalence in relation to engagement. The offender's initial difficulty with the Program concerned his reluctance to accept responsibility for the offences, which may have some cultural component. It is not necessary to explore that issue. The most recent report notes that the offender's engagement still "waivers at times", while also recording a generally more positive attitude and the capacity to make valuable contributions.
The offender should complete the Program by the end of 2016, provided he continues to engage well. The most recent report opines that there is a moderate-to-low risk of sexual reoffending.
The offender is pursuing his education and otherwise his life seems to be proceeding in a constructive way.
The offender was recently before the Magistrates Court in relation to a minor matter that occurred very soon after he was released from custody. This matter is not part of the breach allegation before me. It should not affect the manner in which I proceed in this matter.
Sentence
I am satisfied that the offender has breached his good behaviour obligations. In respect of Counts 1, 2 and 3, I take no further action. I note that those sentences have expired.
In respect of Count 4, I cancel the good behaviour order and re‑sentence the offender to 18 months’ imprisonment. Pursuant to s 12 of the Crimes (Sentencing) Act 2005 (ACT), I make a suspended sentence order, wholly suspending the 18 months' imprisonment.
I also make a good behaviour order for the 18 month period of the sentence. It is a condition of the good behaviour order that the offender accepts the supervision of ACT Corrective Services and complies with all reasonable requests of the ACT Corrective Services, including diligently attending and engaging in the Adult Sex Offender Program.
| I certify that the preceding eleven [11] numbered paragraphs are a true copy of the Reasons for Sentence of her Honour Chief Justice Murrell. Associate: Date: |
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