R v Bartlett (No 2)

[2017] ACTSC 51

SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY

Case Title:

R v Bartlett (No 2)

Citation:

[2017] ACTSC 51

Hearing Date:

20 December 2016

DecisionDate:

2 March 2017

Before:

Refshauge J

Decision:

1.   The conviction of David Ian Bartlett for recklessly inflicting grievous bodily harm on another person on 22 May 2015 be confirmed.

2.   David Ian Bartlett be sentenced to imprisonment for three years and six months to commence today.

3. The sentence be served by Intensive Correction Order in the community in accordance with s 11 of the Crimes (Sentencing) Act 2005 (ACT).

4.   David Ian Bartlett be required to undertake the following additional condition, namely a community service condition that he perform 150 hours of community service work within 12 months.

Catchwords:

CRIMINAL LAW – JURISDICTION, PRACTICE AND PROCEDURE – Judgment and punishment – sentencing – recklessly inflicting grievous bodily harm – assessed as suitable for an Intensive Corrections Order – positive subjective circumstances – Intensive Corrections Order made – community service work condition – general deterrence

Legislation Cited:

Crimes (Sentencing) Act 2005 (ACT), ss 11, 11(3), 78, 78(6)

Cases Cited:

R v Bartlett [2016] ACTSC 390
R v Berg (2004) 41 MVR 399; [2004] NSWCCA 300
R v Ngerengere (No 3) [2016] ACTSC 299
R v Wyper [2017] ACTSC 50

Parties:

The Queen (Crown)

David Ian Bartlett (Defendant)

Representation:

Counsel

Ms R Christensen (Crown)

Mr P Bevan (Defendant)

Solicitors

ACT Director of Public Prosecutions (Crown)

Bevan & Co (Defendant)

File Numbers:

SCC 8 of 2016

SCC 9 of 2016

REFSHAUGE J:

1. On 13 October 2016, David Ian Bartlett, was found guilty of recklessly inflicting grievous bodily harm on the victim when he drove a motor vehicle that collided with the victim.

1. On 23 December 2016, I convicted Mr Bartlett of that offence but adjourned the sentencing until today in order that the Director-General might assess Mr Bartlett for suitability under s 78 of the Crimes (Sentencing) Act 2005 (ACT) for an Intensive Correction Order: R v Bartlett [2016] ACTSC 390.

1. An Intensive Correction Order is a sentencing option introduced into this Territory in 2016. It requires the Court to find that a sentence of full-time imprisonment is appropriate and, indeed, that would often be the sentence imposed on an offender who committed such an offence. Such a sentence may be served by an Intensive Correction Order where the Court considers that there is a justification for it.

1. I have described the sentencing option in some detail in R v Ngerengere (No 3) [2016] ACTSC 299 at [17]-[27]. I do not need to set out what I there said.

1. I do note, however, that such a sentencing disposition is clearly more lenient than

   
   

   full-time custody but it is a sentence of imprisonment to be served in the community, though under such intensive conditions that the courts have made it clear that it remains both a punitive sentencing option and one with such features as are likely to achieve the purpose of general deterrence.

1. Given Mr…