R v Beath-Williams
[2018] ACTSC 162
•31 May 2018
SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY
Case Title: | R v Beath-Williams |
Citation: | [2018] ACTSC 162 |
Hearing Date: | 31 May 2018 |
DecisionDate: | 31 May 2018 |
Before: | Elkaim J |
Decision: | See [7] |
Catchwords: | CRIMINAL LAW – JURISDICTION, PRACTICE AND PROCEDURE – Judgment and Punishment – Sentence – assault occasioning actual bodily harm |
Legislation: Parties: | Crimes (Sentence Administration) Act 2005 (ACT) The Queen (Crown) Andrew Beath-Williams (Offender) |
Representation: | Counsel Mr C Wanigaratne (Crown) Mr H Jorgensen (Offender) |
| Solicitors ACT Director of Public Prosecutions (Crown) Legal Aid ACT (Offender) | |
File Number: | SCC 207 of 2017 |
ELKAIM J:
On 27 April 2018, the offender pleaded guilty to an offence of assault occasioning actual bodily harm. He was due to stand trial on 30 April 2018. The plea came about as a result of some negotiations between the parties. There is some utilitarian value in his plea, in that he has saved court time and spared the victim from having to give evidence. He is therefore entitled to a discount on his sentence, which I will assess at about 15%.
The facts are set out in the Statement of Facts, which forms part of Exhibit A. Essentially, there was an assault on the victim. The victim suffered significant injuries, including injuries to his teeth. The Victim Impact Statement suggests that the victim suffered some psychological injuries. The victim says that he was embarrassed that he was compromised in public. The most significant injury is, however, the physical injury.
The offender was born in 1997. He was 19 at the time the offence was committed and is currently 21. He is a young man and has a significant criminal record. The offender has written to the Court and to the victim. His mother has also written to the Court on his behalf. The offender has expressed remorse and one can only hope that this will translate into a realisation that the kind of conduct that he has previously engaged in is simply not acceptable. If he carries on acting in this manner, the Alexander Maconochie Centre will soon become his residential address. If he gets over his alcohol problems, he can be a contributing member of society and he will ultimately find that this is a more enjoyable style of life.
The offender’s background is set out in the Pre-Sentence Report. I need not say much about that other than to say that it reflects the major problems that he has experienced with alcohol.
The offender has been in custody for 349 days. The Crown has produced a very useful schedule of like offences. It must, of course, be noted that every offence is different and every offender is different. However, these sentences indicate that, generally speaking, the sentences for like offences are about 12 months’ imprisonment. Some are less and there are some that might be a little more.
The offender has already spent approximately 12 months’ in custody. The Crown has, very appropriately, pointed out that there was violence and injury in this case and that this might take it above the ‘norm’ of 12 months’ imprisonment. I think that, taking into account the serious injuries caused, the sentence should be 15 months’ imprisonment (reduced from 18 months). However, this should be suspended with immediate effect on condition that the offender enter into a Good Behaviour Order for 12 months so that there can be some supervision of him and some control over his efforts to sort out his alcohol problems.
I make the following orders:
(a)In relation to the offence of assault occasioning actual bodily harm (XO 2018/31339), the offender is sentenced to 15 months’ imprisonment commencing on 16 June 2017 and ending on 15 September 2018.
(b)The sentence is suspended with immediate effect on the condition that Mr Beath-Williams enter into a Good Behaviour Order for a period of 12 months and comply with his obligations under the Crimes (Sentence Administration) Act 2005 (ACT) and further that he accept the supervision of ACT Corrective Services and obeys all reasonable directions of the Director-General or her delegate for 12 months or such shorter time as the Director-General decides. It is a further condition of the Good Behaviour Order that Mr Beath-Williams attend any alcohol or anger management course as stipulated by the Director-General.
| I certify that the preceding seven [7] numbered paragraphs are a true copy of the Reasons for Sentence of his Honour Justice Elkaim. Associate: Date: 31 May 2018 |
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