R v BJ
[2014] ACTSC 144
•28/05/2014
SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY
Case Title: | R v BJ |
Medium Neutral Citation: | [2014] ACTSC 144 |
Hearing Date(s): | 28/05/2014 |
DecisionDate: | 28/05/2014 |
Before: | Burns J |
Decision: | Good behaviour order imposed on 05/10/2012 is cancelled. Sentenced to a term of 18 months’ imprisonment. |
Category: | Sentence |
Catchwords: | CRIMINAL LAW AND PROCEDURE – attempted aggravated robbery – breach of good behaviour order |
Parties: | ACT Department of Public Prosecutions (Crown) BJ (Defendant) |
Representation: | Counsel: Mr D Sahu Khan (Crown) Ms K Bolas (Defendant) |
File Number(s): | SCC 113 of 2012 |
Publication Restriction: | Yes |
Burns J:
BJ, on 5 October 2012 I sentenced you with respect to a number of offences, including an offence of attempted aggravated robbery. At that time I sentenced you to 18 months' imprisonment, commencing on 9 December 2011 and expiring on 8 June 2013. The period from 9 December 2011 until 4 October 2012 was to be served by way of full‑time imprisonment, an order which was made to recognise a period of presentence custody that you had already served.
The balance of the sentence was suspended on you entering into a Good Behaviour Order for a period of three years with the following conditions:
a) firstly, that you were to accept the supervision of ACT Corrective Services and obey all reasonable directions of officers of that service for as long as deemed necessary within that three year period;
b) secondly, if you were assessed as being suitable, you were to successfully complete the ACT Corrective Services cognitive self‑change program;
c) thirdly, you were to undertake programs, treatment and counselling as directed for alcohol and drug issues;
d) fourthly, you were to provide samples of urine for urinalysis as directed; and
e) fifthly, you were to abstain from the use of illicit drugs.
You now appear before me with respect to a breach of the Good Behaviour Order that I imposed on that date. The material before me, which I understand is no longer disputed, demonstrates that you have breached most, if not indeed all of the conditions of the Good Behaviour Order that I imposed in 2012. The material relating to those breaches is contained in an information which sets out the terms of the various breaches.
I note for the record that there was not a single failure or an isolated failure on your part to comply with the terms of the Good Behaviour Order. The fact is that you have regularly breached the terms of the Good Behaviour Order, particularly so in relation to the use of illicit substances.
When I dealt with you in 2012 I imposed what was in fact a quite lenient sentence for that particular offence. I gave you an opportunity to demonstrate that you were willing to work with corrections authorities in the community in order to address those issues that were likely to lead to further offending.
Whilst it is true that there is no evidence of any further offending since you last appeared before me, that is not an entire answer to the breaches which have now been admitted.
The conditions which were imposed as part of the Good Behaviour Order were imposed in order to give the court and the community a degree of assurance that long term, you would not be a significant risk of reoffending. By failing to comply with the terms of the Good Behaviour Order you have deprived the court of the ability to have that assurance that long term you will not be at risk of further significant or serious offending.
Where a sentence of imprisonment is either wholly suspended or partially suspended, the offender should be expected to comply with the terms of any good behaviour order which is made as a consequence of the suspension of the sentence. I accept that a breach of a good behaviour order which is part of a suspended sentence should not automatically result in the imposition of the suspended sentence. However, in the present case it appears that little has been gained in terms of those areas which are necessary to be addressed in order to avoid reoffending, such that in my opinion, sentencing you to the term of imprisonment which had been suspended is the only appropriate course.
As I indicated this morning, the Good Behaviour Order is cancelled. You will be sentenced to that term of 18 months' imprisonment which I imposed in 2012 with respect to the offence of attempted aggravated robbery (CC12/3849). That sentence will be backdated to commence on 31 July 2013 in order to take into account time that you spent in custody prior to being sentenced in 2012. That 18-month period will therefore expire on 31 January 2015.
I will now set a non-parole period of 12 months, beginning on 31 July 2013 and expiring on 30 July 2014. That means, effectively, that there will be a further two months in custody before you will be entitled to apply for parole.
I recommend to the Sentence Administration Board that any release upon parole be accompanied by a requirement that you undertake appropriate drug rehabilitation and also attend appropriate mental health consultations. The Parole Board may choose to make it a condition of your parole that you are to attend appropriate rehabilitation in respect of drug abuse. Of course, if you then do not comply, the Sentence Administration Board may simply cancel your parole and return you to prison immediately.
| I certify that the preceding eleven [11] numbered paragraphs are a true copy of the Reasons for Sentence of his Honour Justice Burns. Associate: Date: 23 June 2014 |
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