R v Benjamin John Taylor (No 2)

[2008] ACTSC 97

R v BENJAMIN JOHN TAYLOR (NO 2)
[2008] ACTSC 97 (12 September 2008)

EX TEMPORE JUDGMENT

No. SCC 227 of 2007

Judge:          Rares J
Supreme Court of the ACT
Date:           12 September 2008

IN THE SUPREME COURT OF THE       )
  )          No. SCC 227 of  2007
AUSTRALIAN CAPITAL TERRITORY    )

THE QUEEN

v

BENJAMIN JOHN TAYLOR

ORDER

Judge:  Rares J           
Date:  12 September 2008
Place:  Canberra

THE COURT ORDERS THAT:

1. Benjamin John Taylor (called “the offender” in this order) of 36 Tambo Street, Kaleen, ACT is convicted on one count of contravention of protection order and is sentenced to a total term of imprisonment of 12 months.

2. The sentence is to be suspended and the offender released immediately on condition that:

   (a)the offender sign an undertaking to comply with the conditions of this order;

   (b)the offender be of good behaviour for a period of 3 years from today;

   (c)the offender give security for $2,000 for compliance with this order;

   (d)the offender comply with the offender’s good behaviour obligations, including the core conditions of the order, under ss 85 and 86 of the Crimes (Sentence Administration) Act 2005;

   (e)the offender accept supervision of ACT Corrective Services and obey all reasonable directions of that service for the period of good behaviour;

   (f)the offender present himself for assessment for and if found suitable, complete the ACT Corrective Service Family Violence Program;

   (g)the offender present himself for assessment for and if found suitable, complete any program deemed to be necessary for his rehabilitation by ACT Corrective Services, in particular in relation to anger management and cannabis issues;

   (h)the offender undertake random urinalysis;

   (i)the offender undertake 120 hours of community service to be completed on or before 12 September 2009;

   (j)the offender pay the amounts of $1,000 on each of the two good behaviour orders made by the Court on 22 July 2005 to be paid on or before 12 March 2009.

1. Mr Taylor, the jury accepted the Crown case that you drove past Ms Perrin’s residence in contravention of the domestic violence order on the afternoon of 16 January 2007 and that you yelled at her and summonsed Mr Massey to fight with you in circumstances where you were required by the terms of the order not to approach within 100 metres of Ms Perrin.  I am satisfied beyond reasonable doubt that you intended to be where you were, as the jury found you, and to do the acts, the subject of the verdict which the jury returned.

1. A domestic violence order is a very important order available to protect persons in our community.  Such orders must be obeyed as a fundamental part of the law. 

1. In your circumstances, the offence was committed, as you have recognised in your evidence before me today, when you were bound by two good behaviour orders, made by Connolly J on 22 July 2005 and that accordingly, you breached those orders.  As a result, it falls to me to have to re-sentence you under the provisions of…