R v BF (No 3)
[2019] ACTSC 374
•24 September 2019
SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY
Case Title: | R v BF (No 3) |
Citation: | [2019] ACTSC 374 |
Hearing Date: | 24 September 2019 |
DecisionDate: | 24 September 2019 |
Before: | Burns J |
Decision: | See [7]–[10] |
Catchwords: | CRIMINAL LAW – JURISDICTION, PRACTICE AND PROCEDURE – Judgment and Punishment – Re-sentence – breach of good behaviour order – consideration of residential condition |
Parties: | The Queen (Crown) BF (Offender) |
Representation: | Counsel R Khazma (Crown) D Lee (Offender) |
| Solicitors ACT Director of Public Prosecutions (Crown) Gabbedy Milson Lee (Offender) | |
File Number: | SCC 180 of 2014 |
BURNS J:
BF, you have breached the Good Behaviour Order that I imposed on 7 June 2017. The breach is not related to re-offending as such. Rather, it is for failure to reside as directed at Koomarri supported accommodation. You resided with your mother on these occasions, which is right next door to the victims in these matters.
I note that the Director-General has previously given a direction that you are not to consume alcohol. The Crown submits that your consuming alcohol enlivens the risk that you live back with your mother.
I have an obligation to cancel the Good Behaviour Order, and I have then two options available to me. The first is to impose the sentences that were suspended, and the second is to re-sentence.
I note that the difficulty with making an order that the offender resides at Koomarri is that it precludes any sort of flexibility. There was an Accommodation Order made that for a period of three years, you were required to live at a place or with a person, whether inside or outside of the ACT, that the Director-General from time to time directs.
It does seem to me undesirable to completely preclude any sort of flexibility in directions as to your living arrangements. The Crown and your Counsel note that another option would be to impose a condition that you are not to consume alcohol. I am more inclined to make that condition.
Originally, I effectively imposed sentences totalling 20 months' imprisonment. I then suspended those forthwith with a Good Behaviour Order for a period of three years.
Re-sentence
I am going to cancel the Good Behaviour Orders that I imposed on 7 June 2017. I will resentence you, and I will reimpose the same sentences that I imposed on 7 June 2017.
Those sentences will be suspended forthwith and there will be a Good Behaviour Order in the same terms as that which I imposed on 7 June 2017 but with two differences.
The first is that that Good Behaviour Order will expire in 20 months, so at the same time as the sentences expire.
The second is that there will be a further condition that you are not to consume alcohol.
| I certify that the preceding ten [10] numbered paragraphs are a true copy of the Reasons for Sentence of his Honour Justice Burns. Associate: Sophie Hewitt Date: 1 May 2020 |
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