R v AX

[2018] ACTSC 327

SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY

Case Title:

R v AX

Citation:

[2018] ACTSC 327

Hearing Date:

14 September 2018

DecisionDate:

14 September 2018

Before:

Burns J

Decision:

See [7] - [9]

Catchwords:

CRIMINAL LAW – JURISDICTION, PRACTICE AND PROCEDURE – Judgment and Punishment – Sentence – Breach of Good Behaviour Order – previous breaches – positive matters taken into account – family and community support - resentence

Parties:

The Queen (Crown)

AX (Offender)

Representation:

Counsel

Mr C Wanigaratne (Crown)

Ms K Musgrove (Offender)

Solicitors

ACT Director of Public Prosecutions (Crown)

Prudential Legal (Offender)

File Number:

SCC 171 of 2014

BURNS J:

1. AX, it is very disappointing to see you back before the Court again today. You have had a very chequered history with respect to the sentences that have been imposed for these offences. The original sentences were imposed on 17 December 2014 by Walmsley AJ. Subsequently, you have come back before the Court in July 2016 and February 2017 with respect to breaches, and you are back again today, 14 September 2018.

1. Having said that, there are a number of positive matters that I can see and which I am perfectly willing to acknowledge and take into account. You have, to a large degree, complied with the Good Behaviour Orders over the period that they have been in force – and, indeed, those orders have been in force now for nearly four years. You have therefore complied for most of that period of four years with the terms of the orders. It is regrettable that on a couple of occasions you have relapsed, but it is positive that on each of those occasions you have been very upfront about that and very honest about it. If you maintain that, whenever there are relapses, and I hope for your sake that there are not too many more relapses for you, but if there are then being honest with those around you is going to be the best policy because they will assist you.

1. You are very fortunate indeed, to have not only continuing family support, but also broader support amongst the community and particularly amongst those for whom you work. Your work record is very good. You are clearly well thought of in your employment, and it is again encouraging that their regard for you is such that they have been increasingly giving you responsibility in your employment.

1. I do note that the original offences were not drug offences, as such, but were committed in the context of drug use. It is therefore important that you ensure that you do not slip back into drug use, which is the reason why this Court has given so much time and effort to the question of your drug use because whilst it was not directly related to the offences that you pleaded guilty to and for which you were sentenced in 2014, the fact is that there was an indirect connection such that if you fall back into chronic drug use there is still a risk that you might fall back into the type of offending for which you were before the Court in 2014.

1. I am going to cancel each of the Good Behaviour Orders with respect to the two matters that are before me and they are matters [redacted].

1. I am going to resentence you and I will resentence you taking into account the performance which you have demonstrated so far, over the past four years, with respect to the various Good Behaviour Orders, so that I will significantly reduce the sentences that had been previously imposed for these offences.

1. On [redacted] you will be sentenced to four months’ imprisonment and on [redacted] you will be sentenced to six months’ imprisonment.

1. The aggregate sentence will therefore be one of six months’ imprisonment and I should add that those are to be served concurrently, commencing today, 14 September 2018, and expiring on 13 March 2019.

1. Each of those sentences will be suspended immediately and on each matter there will be a Good Behaviour Order for a period of six months, which will be subject to the core conditions and also a condition that you are to accept the supervision of the Director General, or that person’s delegate, for that period of six months or such lesser period as deemed appropriate by your supervising officer.

[Speaking directly to the offender]

1. The end result is that you have an aggregate term of imprisonment of six months. I have suspended that. There are two further Good Behaviour Orders for a period of six months. If you maintain your commitment for that period of six months and comply with the terms of the Good Behaviour Order then at the end of the six month period all of these matters are concluded.

I certify that the preceding ten [10] numbered paragraphs are a true copy of the Reasons for Sentence of his Honour Justice Burns.

Associate:

Date: 4 December 2018