R v AX (No 2)
[2019] ACTSC 363
•17 April 2019
SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY
Case Title: | R v AX (No 2) |
Citation: | [2019] ACTSC 363 |
Hearing Dates: | 17 April 2019 |
DecisionDate: | 17 April 2019 |
Before: | Burns J |
Decision: | See [7] |
Catchwords: | CRIMINAL LAW – JURISDICTION, PRACTICE AND PROCEDURE – Judgment and Punishment – Sentence – Breach of Good Behaviour Order – previous breaches – resentence |
Parties: | The Queen (Crown) AX (Offender) |
Representation: | Counsel S Beaumont (Crown) K Musgrove (Offender) |
| Solicitors ACT Director of Public Prosecutions (Crown) Prudential Legal (Offender) | |
File Number: | SCC 171 of 2014 |
BURNS J
AX, you have been back before this Court on a number of occasions. It is, as I said on the last occasion, very disappointing to see you appearing before me again. While there have been a number of breaches of the Good Behaviour Orders that have been imposed over the years, there has, I am satisfied, been a very significant improvement in your situation since you came before Walmsley AJ. You have taken very considerable steps to address your drug addiction. As I indicated in argument with the prosecutor, your performance in that regard has not been perfect, there have been relapses.
It would be unrealistic to suggest that somebody who has a longstanding drug addiction, particularly such an addiction which commenced at a very young age, is not going to, from time to time, be tempted to use illicit drugs. It is part and parcel of the process of recovery from addiction that there will, from time to time, be relapses. In saying that, I do not condone the fact that you have relapsed into drug abuse. However, you have been punished for that offence in the ACT Magistrates Court and it is not part of my function in resentencing you with respect to the breaches of the Good Behaviour Orders to repunish you with respect to the offence that was before the ACT Magistrates Court.
I am obliged to consider what should be done in regards to the sentences that I imposed on 14 September 2018, with respect to the two remaining offences at that time. You had already effectively served a number of Good Behaviour Orders, albeit that they had on at least one occasion been dealt with by way of breach. When I dealt with you on 14 September 2018, there were only two remaining sentences that had Good Behaviour Orders attached to them that needed to be dealt with. Unfortunately, we are in the same position today.
If you ever hope to be free of coming back to Court, then you are going to have to comply with the terms of the Good Behaviour Order. I do not think that it is unreasonable to expect that you will comply with such terms over a period of six months. I disagree with the submission that was made by the prosecutor that attendance at counselling, attendance at supervision requirements and other attendances as required by Corrective Services is not punitive. It may well be that those are matters which are primarily directed towards your rehabilitation, but they also require you to do something at the direction of another and that is, in itself, punitive.
I accept that there has been a punitive aspect to the sentences which have been imposed and which, to a very significant degree, you have complied with. I also take into account that the offence which you committed on 3 December 2018, and which was subsequently dealt with in the ACT Magistrates Court, was of a very different nature to the offence which was before Walmsley AJ.
It is indicative of the fact that the very significant commitment that you have made to addressing [redacted] by attendances at appointments with your psychologist has been effective.
Resentence
I propose to cancel each of the Good Behaviour Orders. I will, in each case, reimpose the sentences that I imposed on 14 September 2018, and each of those sentences is to be served concurrently. In each case, the sentences will be suspended immediately with a further Good Behaviour Order for a period of six months, which is subject to the same conditions that I imposed on 14 September 2018.
[speaking directly to the offender]
I have imposed a further six months of supervision. As I have said, I do not think that it is asking too much that you keep out of trouble for a period of six months and finally resolve these matters.
| I certify that the preceding eight [8] numbered paragraphs are a true copy of the Reasons for Sentence his Honour Justice Burns. Associate: Date: |
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Amendments
22 July 2021 Add “(No 2)” Paragraph: Case title
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